K II'Y OF KERRVILLE, TEXAS March 7, 1985 Judge Gordon S. Morriss County Judge County Commissioners Court Kerrville, Texas 78028 i Dear Judge ''Morriss: Attached are copies of recommendations from the Kerrville-Kerr County Joint Airport Board meeting of March 5, 1985 (Airport Drainage Proposal and S & S Lease Proposal). These items will be on the City Council Agenda for D4arch 12, 1985, and we would appreciate them being placed on the Commissioners Court Agenda as soon as possible. Please send us copies of the decisions reached by the Court, and we will complete the necessary paper work. Thanks. Sincerely, J~ W, enne ac~ A'' port Manager CITY OF KERRVILLE is Attachment 512 ~ 257 ~ 8000 KERRVILLE," '7 ~ ~ /02,' ~ 7 3- ~-~5 ,~~ ~~.'S ~~ 5 ~~-~~ 2100-B Sidney Baker Kerrville, Tx 78028 March 7, 1985 Mr. Bill Baskette Administrative Assistant Kerr County, Texas Mr. Baskette: Enclosed is a copy of the lease agreement for S & S Aviation, Inc. that was approved by the Airport Advisory Board at their meeting on Tuesday, March 5, 1985. The Lease is now to be submitted to the county and city for their review and approval. c~~rn~ Oz~~u~,~ S & 5 AVIATION, INC. James 0. Shurtleff Vice President 3,~,S~S~ `~ . rtssr; ncREF.rB~rr ZHE STATE OF TEX7~S X THE COUNPY ~ KERR X KNOW ALT. NII~V BY THESE PRESEtdr3: 1. Parties. 'IYtis Iaase Agreement made this day by and between CITY CF , KERFIVILLE, a municipal corporation located in Kerr County, Tams, atYl CCUNPy CF KERB, TEXAS, hereinafter collectively called Lessor, and S & S AVIATION, IlR:., a Texas corporation, whose principal office is located in Kerrville, Kerr Cotnty, Texas, hereinafter called Lessee; W I T N E S S E T H: 2. Leased Premises. In consideration of the rents, carenants and agree- ra=nts hereinafter reserved and contained on the part of lessee to be paid, ob9erved and perfoxmad, Lessor hereby demises and leases to Lessee, and Lessee hereby takes and rents from lessor, for the term provided belaa, the tract of real property situated in Kerr County, texas, generally described as Tract 10, and the South fifty feet (50'), more or less, of Tract 9, with a better description of said lands described on Exhibit "A", attached hereto, together with an easement fran the ratrp to said Tract 10, as described in attached Exhibit "B", and all made a part hereof by refer, hereinafter collectively sometimes called the leased premises, together with all and singular the rights, easements, privileges and appurtenances in anywise belotxling under said above-described tracts of land. 2A. Public Ways. Lessor shall have the right, in cearrran with the public and others, to use the public areas, ranps, roads, runways, taxiways and aprmla of the iouis Schreiner Airport. 2B. Lessor shall provide to IESSee and its guests, invitees, regreserctativt?s and agents, reasonable road access to and from the .rased Premises to public mex7s, taxiways and public areas, at no additional rent or cost to lessee. 3. Term. 7b have arc] to hold, with possession to Lessee of the Leased Premises, for a term of thirty (30) years, beginning on 198 ,and endin at 11:59 p.m. on (hereinafter soretimes -aal},sd the "lease 'I~rm", which term shall include any renEwal hereof in accozdance with the'texms hereof) upon aryl subject to the terms, rovenants and conditions herein set fc+rh3r, tuiless earlier. terminated. 4. Rental. A. Basic Rental, r~ssee shall pay to Lessor as Hasic Rental for the Leased PrCn11SCS tha Stun of NINETY POOR AND 00/100 Lbll~r:<• ($94.00) n.~~ mash 1.•r a~ i~~, cn- ~]L4.O$„such arrc~unt -l- bring payab]c in monthly itt^t~llnenl:s, (.~ya}~lc in ~ulvance. 79 r_ first such titonthly installment shall be due aril payable on or before the .beginning of the Lease 'tlerln, and a like monthly installment (subject to adjustments as provided herein) shall be due aryl payable on or before the first day of each succeeding calendar month dotting the Lease arm. B. Adjustments to Rent. As promptly as practicable after the end ~ each five (5) years after the beginning date of this Lease, lessor shall oatpute the par- entage of change (increase or decrease), if any, in the cost of living during the period bet~en the beginning date and the date of each fifth anniversary thereof during the term of this Lease, based upon the changes in the Constmter Price Ir1deX for Urban wage Earners and Clerical Workers - U.S. Average (1967=100) (herein called "Constmer Price Index"), as determined by the United States Departnnnt of Labor, Bureau of Labor Statistics for "All Itans". It is agroed that the Consumer Price Index Number at the commu~cement date of this lease is (herein called "Base Index NtmiUer"). If the Consumer Price Index Number for the tmnth in which any such fifth year anniversary of the beginning date shall occur (each such number being herein called an "Anniversary Index Number") is higher or loner than the Base Index Number, then such Anniversary Index Number shall be divided by the Base Index Number and from the quotient thereof shall be subtracted the integer one (1). The resulting ntanber, multiplied by one hundred, shall be deemed to be the percentage of increase or decrease in the cost of living. Such percentage of change shall be multiplied by the Basic Rental and the product thereof shall be added to or subtracted fran the Basic Rental to determine the annual rental payable for the next five year period camr?ncing on the imtediately preceding anniversary of the beginning ,date (such atmunt being herein sometimes called "Adjusted Hasic Fental"). SYtCh Adjusted Basic Rental. shall be calculated in the above manner during each fifth year of the Iease -Term. Lessor shall, within a reasonable time after obtaining the appropriate data necessary for computing any change in the annual rent, give lessee notice of Soy Change so determined. lessee shall notify lessor of any claimed error therein within thirty (30) days after receipt of such notices. If publication of the Consumer Pri.oE ?s~dex shall be discontinued, the parties hereto shall thereafter accept the oomQaarable statis- tics on the cost of living for tte City of San Antonio, Texas, as they shall be crnputed and published by an agent}' of the United States or by a responsible financial periodical ~f recognized authority, then to be selected b}' the parties hereto. As an example, only, ~f U~o forc~'ti~in ~ ~;?iurvn nt : - 2- a. I•._:Ct~ir_ Inlr,lc M•nCal ir. Ix,r n~.:~(• 5100.00 lu~r year., b. Assume Basic Inc~.x N(mt~cr is 200, c. Assume Anniversary Zndex Ntm~ber on the fifth anniversary date of the axmeno~mnt date is 300, then based upon the foregoing, the Annual Basic Rental shall be: Anniversary Index Number 300 -Base Index N(miber 200 = 1.5-1= .5x100= 50=508 508 x 100 = 50.00 50.00 + 100.00 = 150.00 Adjusted Basic Rental. If there is a change in Basic Rental, and if monthly inst~llmarts of Basic Rental have been paid before such change is calculated, the difference in the old Basic Rental and the Adjusted Basic Rental shall be paid with, or cre<7.ited to, the next due installnr_nt of Basic Rental. 5. Pay(rent of Rent. All Basic Rental or Adjusted Basic Rental hereunder shall be due and payable monthly in advance on the first day of each and every calerxiar rronth during the term of this lease, without offset of any kind. Any rental, additional rental or other payment which this Lease requires Lessee to pry which is more than thirty (30) days past due shall bear interest at the rate of 108 per annum from and after maturity and until paid. Lessee wvenants and agrees timely to pay to lessor at City Hall, Kerrville, Kerr County, Teems (or at such other place in said county as Lessor may from time to time designate in writing) all rental hereunder and all additional rental and other sums which under the pro- visions hereof IESSee is to pay to Lessor. 6. Construction of Ir(q~roverrents. As of the effective date hezeof, IJessae has prepared and submitted to Lessor, and Lessor has approved, plans, specifications, and an architect's rendering for lessee's proposed improvements (herein called "Its") to be constructed on the Leased Premises. Such improvements shall be thane nsary for the performa~~ce of the marrlatory services rqquired hereinbelow approved, Those renderings, plans and specifications are attached hereto as F.xfribit ~". Ctpon exc-ration hereof, and after Lessor's ca~letion of the drainage ditch and laa area fill, and Lessee's obtaining all required building permits, Lessee will, solely and entirely at Lessee's cost, risk aryl expense, commence to rnnstrvet, b(ti.2d and erect the LJpro~ermJrts in accordance with the final plans and specifications heseirlakiave rmntioned. .'11.1 such instruction work shall be performed by contractors engaged b}' lessee and shall be completed within six (G) months of beginning date hereof, es~ept that in the event of delays, occasioned by strikes, unavailability of materials, ;_ ]:~lJ.r shc~rtl~~7~•r, clu]:iy:: in receipt of n~rteri:,lr, c,c-t~: of C;od, flit, accidents, boycotts, storm or inclenr_nt weathrs, form t,ujeurc, or other casualty or cages beyond Lessee's control, such carq~lets on date shall be extended to the extent of .all such delays. lessee covenants and agrees to do all construction work and other work and installations required to Lessee hereunder in a good and workmanlike marvrer in accordance with all federal, state and local laws, ordinances, rules and regulations applicable thereto; it being understood that all hangers shall amply with the FfSzrlloaz3 standards imposed by the Kerrville Kerr County Airport: Board and the standard being set at 80 miles per hour, and if such hangers carply with such star,Aa„rla the same will ably with the terms of this lease. Iess~ covenants and agrees to pay for all labor and materials in amnection with the construction of the Leased Premises. With respect to any contract for any such labor or materials, Lessee acts as a principal and not as the agent of lessor. Lessee shall have no authority to place any lien upon the Lessor's title to the leased Premises nor in any way to bind T~ssor; and any attempt to cb so shall be void and of no effect. All i~rovenents constructed by lessee on the leased Premises shall be and remain the property of Lessee throughout the lease 'I~rm, and upon termir~tion, lessee shall have a reasonable time in which to rermve all its improvements. Upon such re>roval Lessee shall restore the premises to its original condition. All of lessee's utility services shall be underground. Notwithstanding the foregoing, Zessee shall have the right, subject to any liens, to donate or give all or any improvement and/or tangible personal property, includi~ portable hangars to the Lessor and the lessor agrees bo accept the gift of any such irtq~rovement or hangar. After such donation, lessee will nevertheless continue to have the use of any such donated property during the term of this Lease, without any 9.narease in rent by reason of Lessor's ownership. Such donation shall never have the effect of lessor becoming liable for any debts or liens secured by any such property, and any such donation shall never alter or ing~air lessee's obligation during the cease Zprm to maintain and repair buildings and improvements. 7. Recuir. In tho event of substantial damage to the 7nprovernnts, lessee shall have the option to (i) either reconstruct, restore and reFxu r the improvements, or demolish the Irm, rovements and erect new aryl different Irrgrovements and in either case tc, otl,^,~.ir..~ use ,irni cxcu~~; U,~ I!a';(Y7 Pre~tisr~ for thc~ purposes herein provided, suhjrrt .;,ly to :,n}~ r;:jnr:.:: r~ :a_rir•tic;nr. :;.-1 forth here in or injx,~:uc] by applicnhlc, la,: or ordircuui•, or (ii) tennin:,tc this; lcacra~, whcrculx.~n any iruurance proceeds collected -~- 'Tj lcsscc p.~rru,nt tc, i»licic•c hold try ]e::cee in acwrdanec: with this lease Shall be paid to Icssec. L•>ccept, if Lessor h-rs Lecorre the owner of any impmvenents, as herein provided, then the insurance proceeds shall be prorated as between Ieafax' and lessee, with Lessee being entitled to that prorated portion of the proceeds based on the ratio of the remaining Lase Term to the entire Lease Term, arri lessor being entitled to the balance of the proceeds. For purpose of the foregoing sentence, "substantial damage" shall be defined as damage to such an extent that the cost to repair aryl restore the Improvements would exceed $50,000.00, plus 58 per annum for arch year after date hereof. 8. Property I~~ge Insurance. A. lessee, at its expense, shall during the entire Lease Term keep the Lrg~roverrents insured against loss or damge by fire or other peril within the average of the Texas Standard Fire Insurance Policy with "extended coverage" endorserrent, in an amount and with insurance cnrrgrarues acceptable to lessee in the exercise of its sole discretion. lessee shall advise Lessor in writing of the tyFe and arrount of such coverage and of the name of the insurance ~nY issuing same. In case of any damage to or destruction of the Ircpravements, or any part thereof, which are covered by the above described policy or policies of insurance, then unless Lessee shall elect to terminate this Lease as provided for above, the entire loss proceeds paid under any such policy of insurance kecause of such damage or destruction shall be paid to lessee and used and applied by Lessee as it deC-~nF' proper and prudent urrler the then existing circumstances. In the event the co,t of such reconstructing, restoring or repairing is less than the amount of the insurance proceeds, any excess shall be paid to lessee. If any of the improv~nents are donated to Lessor, as herein provided, lessor shall be a loss payee in such policies of insurance, to the extent of its interest and as its interest may appear. B. lessee shall promptly give the appropriate insurance co:rgeny written notice of any damage to or destruction of the Improvements within the coverage of any insurance policy maintairnd by lessee, and shall notify lessor with respect to any such damage or destruction. 9. Taxes and Utilities. A. Lessee shall be responsible for and shall timely pay any and all ad •,~alorem taxes upon or with respect try, its leasehold interest in the leased Ptt+t:tises, the Im~rove,mnts, aryl all watermsi.n, sewage, garbage or other assessmPSits and c3ranles :ith resjxrt to t1T. lr:~sc~l Pracus~s or irsscr's use tlr.rcof. _ r~_ 1111 ad valorrsn taxes upon or with respect to the lessee's leasehold estate aryl the Improvements shall be rendered and assessed in the name of Lessee. Rlre parties ackrarledge that at present the lessor's title to the Leased Pretctiseg is ,not subject to ad valorem taxation and that any taxes which may be hereafter so assessed against the Lessor's interest in the Leased Premises shall be paid by Lessor. B. With respect to taxes, assessments or charges for which lessee is responsible as aforesaid, and which are assessed or levied in the Warne of Lessee, or anyone holding under TPGSee, lessee shall be responsible to pay the same mt later than 10 days before the same beootne delinquent. With respect to such texas, assessments or charges levied or assessed in the name of lessor, or sale person holding under lessor and for which Lessee is responsible (other than lessee or one holding under lessee), then Lessor shall furnish Lessee appropriate notice of such taxes and Inssee shall be responsible to pay the same not later than 10 days after such nati~ or 10 days before the same became delinquent, whichever is later. Lessee shall furnish Lessor receipts indicating full, timely payment of all such taxes, assessments and charges. C. Notwithstanding the foregoing, with respect to any such ad valorem tax or any such watermain, sewage, garbage or other assessment or charge (other than ad valornm taxes, water or sewer main or. other permanent type irrQrovement assessment, for the year in which this lease terminates) I~ssee shall (if Lessee gives I,pSSCrr prior written notice of Lessee's intention to do so) be permitted to make bona fide contest in Lessee's name or in the name of Lessor of the invalidity or amount of any such tax, charge or assessment. And so long as Lessee takes steps to prevent a foreclosure during the said contest, and pursues same bona fide aryl with reasorm+ble dispatch to cronclrrsion, lessee shall not be in default pending said oont~st. However, lessee shall be responsible for all penalties and/or interest arising by virtue of such a contest or the failure timely to pay such tax or assessment. D. lessee shall also pay for all utilities used on or in respect of the Leased Premises and the Improvements, if any, and all expenses of operating the Lased Premises and the Improvements (in each case whether or not charged or assessed to the reversion or to leasehold) during the lease Tenn, and such payments shall be made prior to same bearninq delinquent. E. If lessee fails to pay timely as requir~l herein utilities or ad valorem taxes on rc.il cst~t~.~, then lessor in addition to lessor's other rights hereunder, may (but sh.,l] rx~t. Li• oLlicl•rt~ci tn) Lxry tho snm,, in which event lessee shall be regw.red to pay lessor on dur>•P*m~*+atiOn of this Lease, for the purpose of exhibiting sane to prospective tenants. 17. Release of Lsndlord's Lien. Lessor expressly releases, waives and rnlinquishes any and all rights to or to claim a statutory landlord's lien or any other type of lien covering any of Lessee's personal property situated upon the Leased Pr~nises. 18. Surrender of leased Premises. At the expiration of the Lease 7~rm, Lessee shall peaceably surrerder the leased Premises. 19. Holding Over. Holding over by Iessce, at the expiration of the lease Rim arx3 with the consent of Lessor, shall be construed to be a tenancy frYSn month to month at the rental for the last rronth of the Iease arm, arr7 shall otherwise be on the terms and conditions herein specified, insofar as applicable. 20. Alo Partnership or Agency. lessor does not, in any way or for any purpose, beca~e a partner of iessce >s the conduct of its business, or othenaise, or a joint venturer with lessee. lessee shall rot be deened an agent of Lessor for any purpose. Lessor shall not be in any way responsible (to lessee or to any other person or a-tity) for, or in any fashion ret7uired or obligated in any way to police or regulate, any of the conduct or acts of lessee, or of arty agent, servant, invitee, licensee, contractor or qu°st of lessee. 21. Condemnation. A. If during the Lease Term, the whole of the Leased Premises or Irrprovements be taken by eminent domain, or if a portion thereof be so taken which causes the remainder to be insufficient and unsuitable for conduct of the business to which the leased Premises -12- were (in good faith and in accorclince with the teen: of this Lease) bei.nq devoted just prior to the initial negotiations with the condemung.authority (or the institarti~ of o~ndetm~ation proceedings, whichever is first), then and in such events, lessee shall have the right to (i) terminate this Lease, and (ii) collect the reasonable value of its leasehold estate. In the event Lessee elects to terminate this lease, such termination shall be effective as such date as lessee shall elect, but in rno event earlier than the date of such notice, aryl upon any such termination, neither party hereto shall have any further obligation to the other or rights urrler this lease and this Lease shall be of no further force or effect; provided, hotever, that the parties' respectivae rights and obligations of any kind under this Lease accrued at or prior to such terminatirn or which relate to periods of time prior thereto, whether or not then matured, shall fully survive any such termination and shall be and remain in all things enfozoeable hereunder. B. If during the Lease Term there is a taking by eminent domain of a part of the Leased Premises which does not cause a termination of this lease, then the rental shall be abated and reduced so that such rental as so abated or reduced is the same fraction of such rental which would otherwise have been payable (in the absence of there ever having been at any time any abatement or reduction of rental under this paragraph) as the number of square feet renaining in the Leased Pranises after such taking is of the total number of square feet originally in the Leased Promises upon catmenoesrent of the Lease Term. Such abatement of rental shall be effective upon the date the taking of possession by the condemning authority craze, with the rental for the month in which same occurs being prorated as of such date. C. Upon any taking as aforesaid under the foregoing provisions, l~+ssea shall be entitled to the entire award made for or with respect to any Itt~et~nts erected by lessee on the Leased Premises which are taken, damaged or otherwise diminished by such taking and for the reasonable value of its leasehold estate. iessor shall be entitled to the entire remaining award made for or with respect to the Leased Premises or this Lease. Neither party shall have any right in or to any a,-card to which the other party is so entitled by reason of any such oondenasation and/or taking by eminent domain, whether total or partial. Lessee shall in no evetnt be under any dut}' to repair or restore any improvements affected by such taking. 22. Lessor's k'arranty. IESSOr warrants that Lessor has good title to the Leased Premises, and has the right to make and grant this Lease, that no taxes respecting fire -1 3- Leased Prcrnis^s arc Ming and that 1C~sl<: ::hull, t>[~on payment of all rental provided to be paid by lessee, arr3 Iessee fully observing and performing the covenants aad agreements herein provided to be observed and performed by Lessee, for the term of this Lease (unless said rPaSe be sooner terminated under and in aCODrYjar100 with i'II~y of the provisions herein elsewhere contained providing for such termination) G'i]1Ptly BTId peaceably possess and enjoy the Leased Premises, free from claim, interference or hindrance by Lessor, or those holding or. claiming under Lessor, or those holding or claiming under a right or title superior to Lessor's; provided, hokever, that this warranty is subject to, anti does not warrant against the effects of, present oz future building ordinances or other governrmntal laws, rules, regulations, orders or actions, or the exercise of any p~*wer of condenmation or eminent domain. 23. Examination of Title and Premises. Tne lessee shall have the right, at Iessee's cost, to obtain a current survey of the Leased Premises and to obtain a current Title Report relating to the Leased Premises. In the event such stuvey or Title Report indicates that the description of the Zeased Premises herein contained is inaccurate, lessor aril Lessee agree to execute an amenefimnt bo this Iease ~rrecting the legal description of the leased Premises to such description as may be required by a reputable title company issuing such title reports. At arty time during the term of this Lease, Lessee shall also have the right, at its costs, to obtain an Owners Title Insurance Policy covering its leasehold interest wxier this Lease. 24. Waiver of Subrogation. Each party hereto waives any and every claim which arises or may arise in its favor and against the other party hereto during the /x~rm of this Lease for any and all .loss of or damage to any of its property located within or upon, or constituting a part of, the leased Premises or Improvements, which loss or damage is covered by valid and cr~llectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable by the waiving party under said insurance policies. Said mutual waivers shall be in addition to, an3 not in limitation or derogation of, any other waiver or rela3se contained in this Lease with respect to any loss of or damage to property of the parties hereto. Inasmuch as the above mutual waivers will preclude the assignment of any aforesaid claim by way of subrogation (or otherwise) to an insurance company, Lessee hereby agrees imrediatt).y to give to each insurance ca~any which has issued to it policies of insurance coverage, written notice of the terms of said mutual waivers, and to have said insurance policic~: prc~pcrly enr]or:c<:, if necessar~~, to prevent- the invalidation of said insurance mvcra~t, i>y rc,s,~u, o~ :.,,i,l a•.,ita,r.. 'Inir. tnr:x]rr,td, sh.,ll t.K~ nul] arr3 void if it would have tJte eftrct of: invalidatin~7 any innurancu coverage. -14- 25. IY~tices. All notices, dcrtund>, resluests, or other instruments which are required or permitted to be given under this lease shall be deemed given and received on the first of the following to occur: (i) the day actually received by the party to receive same; (ii) the first day which is neither a Sunday nor a legal holiday following the day on which actually delivered, by mail or otherwise, to the belay specified address of the party to receive the same; or (iii) the third day which is neither a Saturday, Sunday, nor a legal holiday following the day on which same is mailed, certified or registered mail, postage prepaid, addressed to the belay specified address of the party th receive same. If the lessee is the party to receive such notice, demand, request or instnurent, then the addressee and addziess for Lessee shall be: Joel A. Smith P. 0. Box 2117 Kerrville, Dexas 78028 If Lessor is the party to receive such rotiee, demand, request or instnm'a~t, then the addressee an3 address for Lessor shall be: City Hall Attention: City Manager 600 Main Street Kerrville, 'I~xas 78028 Either party may change such addressee or address by notice to the other party as provided hereunder. 26. Interpretation. 79ie singular shall be interpreted as the plural, and vice versa, if such treat is necessary to a proper oonstructicn of this Lease, and if the feminine, masculine or neutEr gender should far such purpose be one of the other genders it sha].1 be so treated. Paragraph or Section-headings are for ~nvenience only and shall be disregarded in interpretation. 'Itie law of R'exas shall. govern the interpretation and validity of, and other matters pertaining to, this Lease. 27. Partial Invalidity. If any term, covenant, or condition of this Lease or the application thereof to any person or circimstance shall, to any extent, be invalid, illegal or unenforceable, the rerna-finder of this Lease, or the appticati.an of such term, covenant or condition to persons or circ~m~tanoes other than to those which it is held invalid, illegal or unenforceable, shall not be affected thereby and shall continue in full force and effect. 28. L7~tire Agreement. 77us Lease sets forth all the covenants, pzvni.ses, agreenrnY_s, conditions or u7r]erstandings, either oral or written, between Lessor and Lcss~~~_ c~r,r~ iu,n; ". ail~7~ :~! mitts r- and thr~ Ic~,~s~rd Premises arY] there are no -15- oovcnants, promises, ayrecvcnt_s, axndit.i.ons, ut~derst.utdirn3s or reprnsentations, oral or written, between than other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, atnertdmc~stt, change or addition to this lease shall be binding on Lessor and lessee unless reduced to writinq and signed by both parties. 29. Standard lease Provisions. (1) Discrimination. a. lessee shall. furnish services nn a fair, equal, and rot unjustly discriminatory basis to all users thereof; and b. lessee shall charge fair., reasonable and not unjustly discriminatory prices for each unit or service; provided that reasonable and norrliseriminatnry disoxutts, rnbates, or other similar tyF`s of price reductions to voltmie purchasers tray be mscl°. c. Lessee, in exercising any of the rights or privileges herein granted to it shall riot on the grounds of race, color or national origin, discriminate or perntit discrimination against any person or group of persons in any Harmer prohibited by Part 21 of the regulations of the Secretary of Transportation. Zhe lessor is granted hereby the right to take such action, anything tc the a~ntrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. (2) National Emergency. Ln the event the United States Government requires the use of said premises in the event of a national emergency, or for any defense pra3ram, or defextse purposes on the part of the government, the party in possession agrees to de]_i.uer itp possession within ninety (90) days after notice. After use by the United States Government has terminated, if in fact the Goverrumlrt har> taken over the airport., the said party is entitled to re-enter the premises covered by this Agreettient aryl resum: its operation, and such loss of titre shall be added to the term of the Agreement so that the full term may 6e enjoyed without being penalized on account of the cx~rpaxuy of the United States Govermm~t. Lessee does not, however, waive any tight try oom¢~ensation for any taking under power of eminent_ danain. (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 ertplayces {including but rot limited to maintenanrn and repair) that it tray choose to perform. Such person, firm or corporation may etr,nloy contractors to perform services on its reran aircraft which res]uirr technicail s•~Z~ir, rr~; nv,iilab]r .at th .iirport. (•1) N;, 1:: _clu _i v, I'rai~•lus,•_ Nothing herein shall he construed to c]rtnt or authorize the granting -1G- of an exclusive franchise or right, ~:cept the lawful right of Lessee to exclusive possession of leased premises. (5) Development. lessor reserves the rights in a reasonable and rnn-discriminat~.y 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 interfererne 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 (whether real estate or tangible personal property) shall be maintained in a clean, attxacttve, wed free, well painted, junk free, condition, and kept in good repair. If an operator or lessee has an area where it normally keeps d~uged aircraft, aircraft parts, construction fixtures, and jigs, barrels, containers, o*. 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 nw_cessarx~ to protect the aerial approacl~s of the airport against obstruction, tcr~ther with the right to prevent the erection of any building or other structure an or adjacaerrt t:~ the airport which would limit the usefulness of the airport or constitute a hazard to aircraft. (9) Subordination to Federal Agreement. This agreement shall be subordinate to the provisions of arty existing or future agreertent between lessor aril the United States, relative to the operation or maintenance of the airport, the execution of which has been or may be requi.rcd xss a ~ndition precedent to the expenditure of federal fiords for the developmesit of the airport. lessee, however, does not waive any right to cacpensation resulting from a taking under power of aninent domain. (10) Laws and Rec~rlations. Incorporated into this agreement by reference and as though set far-th herein verbatim, are the policies, standards, and regulations adopted or bo be adopted -1 "I - by the Kcrivillc: - Y.~rr CY>unty Joint Jlirport Board, or by any other gover'tvrental agency legally responsible for the airport. Such policies, starr3ards and regulations shall be lawful, reasonable and non-discriminatozy. FLirther, all parties heretr~ agree ,to carply with any and all laws and regulations, including thoyse of the Federal Aviation Administration, and will not permit the premises covered by this agreenent to be used for any unlawful or i~roper purpose. (11) Insurance. Each lessee shall at all times have in effect liability insurarrc.~e for all of Lssee's operations in the amounts of $1,000,000 per person, $1,000,000 per accident-bodily injury, and $1,000,000 per accident-property damage. Such insurarroe policies shall further rrarre the City of Kerrville, the County of Kerr and the Hoard as additional insureds. Certificates of such insurance shall be furnished by iESSee to the KeiYVille-Kerr County Joint Airport Board, and a certificate presently then in effect shall b` on file at all ti7res. (12) Use Charges. 'Ihe standards and regulations enacted by the Joint Airport Bc~rd, or other goverrumntal agency responsible for the operation of the airport, now or in the future, may provide for use charges to be paid by those using, occupying, or ~rrlucting 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. lFSSEE agrees to pay such charges as same are due acrd vai.ng under any such sYf3radards or regulations, noa 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 ap~arnral by the Kerrville-Kerr County Joint Airport Board, Kerr. County and the City of K;esrvil.lr. 'This agreement shall rrever be effective without the consent of all three. (14) Indemnity. lessee agrees to save and hold harmless the City of Kerrville, Coa~rty of Kerr, the Kerrville-Kerr County Joint Airport Board, acrd their agents, servants and employees of and fran any and all liabilities, expenses, causes of action, damages acrd 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 enployees. And this indemnity agremient shall apply and protect -1 fi- ~~ts Oy prq~sos' ac h7itt~~ Jrecrrt~r~L~, prided. ~ ub~en thc~ offer ~'nd1 tiol,e, urd~.r;t. }~ ~~ ~Iuent ~t as are her v,c3ings or r n9 on les et'ation ein Set f epre~n 19, Sor and Less ~'~~t, oi-th be Pt ~ta°ry~ or (1~~d tease p~'isio~jess redeem to ~ti r a`~3ition tO thys ran ~~ise s~-~natio ~q ~d $24ned ~, L~~ X11 n, disc a. Less ~~' ~~tes. r~"atory X15 to a~ users furnish s~'i~s on a f . b• Iess ther~f% and ter' ei?ua1, Prices for ~~ ~' shall charge fair r and ~t ~.lustll, ~t or se~~ easonable ~bate$~ or oche pr°nd~ and not ~ r s~.Iar ty~s ~t reasonable .7ust~1, disq. c. of Price reduc and "O7~srar • •~natory granted ~ it shall ~ so~the exercisin4 anY of t~,e ri5hts~ p~~~ t'e ~~~' ~r Pernut discr' °"~ of ram, ctil.or or Privileges hexed ~' P3rt 21 ~l~tion against anY Person or or ~ti.onai oxigin, di 0 ' the rec3ulations of the Secreta group of persons in anY ~mi-Hate _reb rY of °~ner Y the right to take stick action ~`'~Portation. the p~th7.t~ > the United S anyt}ung ~ the con ~ssor is granted fates ray direct trar7' herein ra~tl~s ~ruli.ng, to enfone this nondis~r~~~on cx>v l2) National F7,er envy. enant. In the event the Uniteg States Government ~rtises in the event of a national errr I~Pl.ires the use of said rgency, or for anY deferzse p poses on the past of the government, the ~`~• or defense I~rty in possession agr~ to da.Liver t,Tp session within ninety (90) days aftr notice. After use y~, the United States ~rnment has terminated, if in fact tie Covern~nt }~S ~~ over the i party is entitled to re-enter thc>remises ~rt~ the operation, and such loss of time ,al,l ~~red by this A`~cer~nt '~; ~su:rx. be adder to the term of the the full term may be enjoyed wit2ti beis, ~t so he United States Govesrv~nt. Isere d 9 ~na7.ized on acxo,int of ~ o~.>trx~ncy oes not, 1>a+ever, waive any right tr> ensation for any taking under poi of eminent d~iin. (3) Self-Service. No right or privileges been granted which would operate ~ prevent person, firm or corporation openg aircraft on the ~rport fry Perfotmi,nq any ices on its am aircraft with it~n regular enPlaYees (including but not limited aintenan~ and repair) that it rhoose to perform. such Person, firm or oration nuy em~,loy contractors sform services on its own ayr~xaft which ir~~ technic.,] s.^.Z~icv•• n.,t nr.,i' at i}> .~ i r~r l . (•7j ta, I;::cL,:~~i~a~ 1Ta,vr! Nothin,7 hc~rcin shaconstnx~d to yranL or authori2e the granting -1G- such City, County aryl Board, and their agents, servants and employees, even thou it be contended, or even established, that said City, County or Board, or their agents, servatns or e;~ployees 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. (15) Purpose and Premises. 'ihe 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. (16) Assignment and Sublease. Phis agreement may not be assigned, in whole, nor may the pranises described herein be subleased, in whole, without the prior written consent of the Boar d. Stich consent shall not be unreasonably withheld. (17) Liens and Insolvency. Lessee shall keep the premises free from any liens arising out of any work perfornred, materials furnished or obligations incurred by I,e;csee. In the event Lessee becrnies insolvent, or the subject of any kind or chapter of bankr~z~atcy proceeding, or if a reoei~r, assignee, or other liquidating officer is appointed for the business of Lessee, then Lessor may cancel this lease at Lessor`s optiee~ 41xrn giving written notice to lessee. 30. Electrical and Water Easetrents, lessor hereby agrees to grant to Lessee an easement for the purpose of instructing, repairing, arr3 araintaininq electrical and water service as may beanie reasonable and necessary. 31. Exceptions to Standard Lease Provisions. ~e follcnaing shall az:[ii-fy the grar,.3a rr3 Izase Provisions set forth above: A. Lessee may rent hangars, hangar space, airs tiedowns to owners ox° operators of aircraft and may delegate portions of the services and operations herein required by caicession sublease or other agreement, as it may determine, all w^ithaut the consent of Lessor; provided that Lessee shall remain liable acid responsitale hereunder. Such subleases, oonoessions and agneenents shall, howeRrer, ba limited to short-term periods, and not ca~rise a substantial portion of the leased Pa~nises. 'This lease and/or the Leased Premises msy tie transferred as permitte3 order the provisions of Paragraph 15. -19- B. The fuel flowage fee on fuel shall not excec_~ $0.04 per gallon, or 2-'~$ of the retail price of fuel (whichever is greater), for the first fifteen years of the Lease Tenn. For the second fifteen years of the Lease Term, the fuel flowage fee on fuel shall not exceed the greater of the follaaing amounts: $0.09 per gallon, 2-'~8 of the retail price; or the average of fuel flowage fees of the follaaing named airports: 1. New Brauxfels 2. San Marcos 3. Uvalde 4. Seguin 5. Brownwnod In the event that any fuel flowage fee at one of the airports named above beca~s zero, or is not assessed, then that airport shall not be considered in crnguting the average. C. The use charge presently assessed on car rentals is 5~ of the gross. Soh percentage shall not be exceeded during the term of this Vase Term. D. During the term of this Lease, Lessor shall not assess any use or other charges (other than fuel fl.oaage as hereinabove provided) which exceed the average of the five airports mired in Subparagraph B above; using for camputation purposes only those named airports which assess the contemplated use or charge. lessor, during the term of this lease, shall not grant permits or leases, nor permit operations or services on or within the Inuis Schreiner Airport, on terms which are rrore favorable than the teens of this Lease. E. lessee shall not be liable for the acts or conduct of Lessor, its agents, invitees, guests, or e~loyees. 32. Lease L7ctensions. In the event that lessee desires to extend the teen of this Lease for an additional ten (10) years, then lessee shall give written notice of such desire, on or before the end of the 30th year of this Lease. After the giving of such notice, the parties shall thereupon engage in good faith negotiations for a period up to ninety days after the end of the 30th year, for a ten (10) year extension on the- lease Term. The subject of the negotiations shall be the amount of rental to be paid, and other use charges, which the Lessee rosy be require3 tri pay, including fuel flaaage fees, perrentage of car rents arxi other revenues, larxiing fees, and the like. In the event that the parties are unable to agree by the end of such ninety day period, then within ten (10) days after the end of such ninety day ~riod, each party shall select an American Arbitration Association arbitrator. The arbitrators will be board by: (a) the appraised fair market value of the ground used by the Lessee (excluding all ir:provermnts) and a fair return to lessee thereon; aryl (b) oannarable fees and charges in effect at ~ng~arable airports. Such arbitrators shall have ninety days after the -20- expiration of the said ten day period to reach a decision. If within such time the arbitrators are unable to agree, or their decision is unacceptable to either party hereto, then the arbitrators shall select a third arbitrator of the American Arbitration Association, and thereafter, the arbitrators shall have an additional period of ninety days to reach a decision. A decision of taro out of the three arbitrators shall be final and binding upon the parties hereto. - Lessee shall have an easement for passageway from the rang to its harigaz and leasehold as described in Exhibit "B", attached hereto arxi incorporated by reference for all purposes. Provided hover, should the existing rarrg~ be extended hereafter in a southerly direction, and be then in conflict with said easanent, in any maruyer, such easement shall then be in fact terminated and released without further action, other than a comrenceirnnt of construction of such ramp extension by authorized constructors. In consideration for such easement, lessee agrees to periodically check the runway lic~ts and to replace burned out bulbs as may occur with bulbs to be purchased and supplied by the lessor. OPTION; A. Included in and as part of this lease contract, Lessor hereby grants to Lessee a five (5) year option to lease Tract 9 described in Exhibit "C", attached to this original Tease Agreescent, upon the wire terms, rental and provisions as herein provided; provided that such option is exercisable on written rotice to Lessor, if. lessee is not in cLfault hereunder. B. This option, if not exercised by lessee, terminates five (5) years fran date hereof, and thereafter LC'SSOr is free to alienate the said tract in any manner it desires. C. To keep this option in effect until exercised, lessee shall, beginning 1985, and continuing thereafter on the first day of each calendar month until this option expires, or lessee exercises same, or I~ssee desires to allow the option to terminate, (whichever occurs first), pay to lessor the anwn£ of $ per :ronth, which shall be contemporaneous performance, such as earnest ~roney or advance rental. 'Ihe agreement set forth herein has been agreed upon base3 on the advice of counsel, as evidenced by the signatures of the parties and their respective attorneys, 33. Site Work. Within sixty (60) days after the e~cution hereof, lessor agrees to car~lete the following site work: A. Provide drainage i~rovements for Tract 10. 33. Notice of Standards. The Airport Standards set forth the miniiman requirements -21- for services offered by lESSee. Such standard miniman requirmients pertain tD booze of operation, building space, personnel and the like, lessee should take special notice of the current tttinimtan sra.+r~a.rls for the tierdatory services required herein, 35. lessor Covenant/Default. IPSSOr shall not directly or irdizectly do, CalRdt or permit to be core or camutted, any act, occurrence or condition which iztQaira cu prevents the operations on the Leased Premises and the conduct and use of the leased Prt~tises for the purposes herein specified, including without limitation the ~rvioes and operations required hereunder. lessee shall not be in default hereurrler if any occurrence constituting a default is caused or results from the acts of lessor. Zf the lessor shall be in default hereunder, lessee may terminate this lease or pursue whatever right or remedy as may be available at law or in equity. 36. Public Areas. lessor shall maintain the runways, taxiways, roads and othex public areas vaned by Lessor and not leased to others, in a oordition which is the same or better than existing on the date of the original lease (reasonable wear and tear excepted). 37. 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 otheraise 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 ar~otrter purpose inwlvinq the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in oomplian~ with all other z~gttizet~rts itt~nsed pursuant to 49CFR Part 21, Nondiscrimination in Federally Assisted Pzograttis o£ the De~rtrnent of Transportation, and as said Regulations troy be amended. S. Lessee, as a part of the consideration hereof, does hereby covenant azx) agree "as a covenant running with the land" that: (1) no person on the grcxur3s of race, color or national origin shall be excluded from participation in, denied the benefits of, or be othenrise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such lard aryl the furnishing of services thereon, no person on the grounds of race, color or national origin sha32 be excluded fran participation in, denied the benefits of, or otherwise be subjected ~ discrimination, (3) that lessee shall use the prettuses in eot~liance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, ant as said Regulations may be amended . - 22- F7U]C[TTID this day of CITY OF RERRVILIE BY: Tit Mayor 1985. LESSEI; S 5 S AVIATION, INC. BY: _ JOEL A. SMITH, PRESIDENT ATTEST: OWNI9C CF KERB BY: Tit e: County Judge -- I~2R~lILLFr-KERB CQJRTiY JOIIII` AIRPORT BARD TF.FiESA JANE SMITH, S ST~FCHQLPER APPRC7VAL: JAMFS ORIN SHURTLEC'F $Y: Its alrnian BARBRA EhffLE SHUltTI,EN~' 'lhe undersigne3 attorneys for the respective parties to this Lease join hezein in acknowledgrtent only that. the agreem?nt set forth in paragraph 32 of this Lease has been entered into upon the advice of, and after conferring with, the respective attorney for each such party. Attorney for lessor AttArney for lessee JCEIIV R. BANISTER, III THE STATE OF TEXAS X THE COJNTY OF KERB X BEFORE ME, the undursigna3 authority, on this day personally appeared who is the Mayor of the City of Kemnlle, to me to be a person whose name is subscribed to the integoi~ iristxurtent, and acknowledged to mr that he e~cuted same for the purposes arxl oar4sideration therein expressed, in the capacity therein stated, and pursuant to the resolution of t2~ City Council of the City of l~errville, Te~a1s. GIVIN UNDER MY HAATD AND SEAL CF OFFICE this day of 1985. ""- THE STATE ~' TEXAS X THE COUKI'Y OF KERB X Nola- xy TiC1Pub State o Te:ms - My Crnmission Expires: Stanped or prin Hama o Notazy c SEFgRE ME, the undersigned authority, on this day personally appeared who is the County Judge of Herr County, Texas, known to m` to be the person whose Haire is subscribed to t2~e foregoing instrurr~t, and acknowledged to m4 that he exacuted same for the -23- purposes anti consideration therein expressed, in the capacity therrin stated, and pursuant to an order of the Commissioners Court of Kerr County, Texas. 1985. GIVEN UNDER MY HADID AND SEAL OF OFFICE this _ day of Notary Pub 1c, State o Teams My Cannission E~gaires: Stamped or printed name o Notary c TEiE STATE OF TEXAS X THE CQJNPY OF KERB X BEFORE ME, the undersigned authority, on this day personally appeared E. M. Anderson, Jr., who is the Chainian of the Kerrville-Kerr County Joint Airport Board, kno~m to me to be the person whose Wane is subscribed to the faregaing instr~mient, and acknowledged to me that he executed same for the purposes and ocsisideration therein expressed, in the capacity therein staged, and pursuant to a resolution of said Board. 1985. GIVNT] UNDER MY HAND AND SEAL OF OFFICE this day of Notary Pub c, State o Texas My Commission Expires: S or pr>.n Haire o Notary c THE STATE OF TEXAS X YIiE COUNTY OF' KERB X BEFORE ME, the undersigned authority, on this day personally appeared Joel A. Smith, who is the President of S & S AVIATION, INC., knoFm to ire to be the person whose name is subscribed to the foregoing instrument, and adaya+Iedr~d to me that he ea~cuted same for the purposes arxi oonsideration therein expressed, in the capacity therein stated. 1985. GIVEN UNDER NIl'IIADID AND SEAL OF OFFICE this day of , Notary Pu61ic, State o Texas ~~' My Commission Expires: Stanq~ed or printed Haire o c -24- FIELD NOTES DESCRIPTION FOR A 1.32 ACRE. TRACT OUT OF THE KERRVILLE- KERR COUNTY ATRPORT FOR LF.ASF. TO S. d S. AVTATTON, 7N TIfE CITY OF KERRVILLE, KERR COUNTY, TEXAS Being e12 of a certain 1.32 acre, more or less. tract or parcel of land out of 0. V. Robinson Survey No. 44, Abstract No. 282, in the City of Kerrville, Kezr County. Tesas; parts of Tracts designated as No. 9 and Nu. 10 on the Leasing Hap for the Kerrville-Xarr County Airport; and being more particularly described by metes and bounds as follows BEGINNING at a 1/2" iron stake set for [he northerly west corner of the herein described tract in the southwest line of Tract No. 9, 450 ft. 5.15° 38'E. from the south turner of Tract No. 3 currently leased to K X Aviation; THENCE., upon, over and across Tract No. 9, SO ft. from and parallel with the tosmon line between Tracts No. 9 and No. 10, N.74° 22'E. 200.00 ft. to a 1/2" iron stake set foz the north corner of the herein described tract 1n the northeast line of Tract No. 9 and the southwest line of a 100 ft. wide reserve strip; THENCE., along the southwest line of Bald 100 ft. wide reserve strip and northeast lines of said Tracts Nos. 9 and 10, 5.15° 38'E., at 50.00 ft. passing the east corner of said Tract No. 9, the north corner of said Tract No. 10, then continuing For a Lotal distance of 231.46 ft. to a 1/2" iron stake set at an angle point; and S.02°00'E. 82.83 ft. to a 1/2" iron stake set for the east corner of the herein described tract at the itttersettion of the southwest line of said 100 ft. wide reserve strip with the northwest line of an 80 ft. aide reserve strip; THENCE, 5.88° 00'W. 185.70 ft. along the southeast line of Tract No. 10 and northwest line of said 80 f[. wide reserve strip to a 1/2" iron stake set for the south cortter of the herein described tract; THENCE, N.15° 38'W., 118.15 ft. upon, over and across Tract No. 10 to a 1/2" iron stake set for a reentrant corner of Tract No. 10 at the east corner of an aircraft parking apron, then continuing for a distance of 100.00 ft. along the northerly west line of Ttact No. 20 to a point for its northerly west corner, the south corner of Tract No. 9, and then 50.00 ft. along the southwest line of Tract No. 9, a total distance of 268.15 ft. [his call, to the PLACE OF BEGINNING. I hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey lines of corners; and that all property corners are as stated. Dated this 22nd day of January, 1985 u:= ~~i,\S • \~ ~ ~ , 1~>/~a Jl ~ i ~ ~ LEE C, VU'cLKEL ' „ ., ••O'. J:l+~'.7~ Lee C. Voelkei G~•:Dfp~s~tpf ~~ Registered Public Surveyor No. 3909 ~/C'su~j°! County Surveyor for Kerr County spy" FjXHIAZT "A" @l.'i.;~.C'!'ill Iii+9.'C1$: i'~ii'1^', 6y ;,:~~n,; y'"D.L J.'h~~ PHONE 61776)-3713 ° 217 CLAY 6TpEET, KEglIVIL11. Tf%M 7~ ' ,FIELD NOTES DESCRIPTION FOR A 100 FT. WIDE EASEMENT OUT OF TRACT N0. ;10 TN THE KERRVILLE-KERR COUNTY AIRPORT, IN TiIE CITY OF KERRVILLE, KERR,COUNTY, TEKAS Being a certeln 100 ft. vide strip, tract or parcel of land out of 0. V. Robinson Survey No. 44, Abstract No. 282, in the City of Kerrville, Kerr County, Texas; part of Tract No. ;10 as shown on the Leasing Map for the Kerrville-Kerr County Airport; and being Wore particularly described by metes and bounds as follows: ;BEGINNING at a 1/2" iron stake for a reentrant corner of said Tract No. 10 and east Corner of an aircraft parking apron, the north corner of the herein described easement; which ~poin[ bears approximately 600 ft. 5.15° 38'E. from the south corner of Tract No. 3 currently leased to K X Aviation; THENCE, 5.73° 56'W. 100.00 ft. along the southerly northwest line of. Tract No. 30 to a 1/2" iron stake at its southerly west corner, the north corner of Tract No. 11 and [he vest .corner of [he herein described easement; THENCE, along the common line between Tracts No. 10 and Nn. I1, 5.15° 38'E. 108.32 ft. to a 1/2" iron stake set in the north line of an eighty (80) ft. vide reserve strip for the south corner of the herein described easement, the south corner of Tract No. 10 and the east corner of Tract No. 11; Tl1ENCE, with Che said north line of 80 ft. wide reserve strip and south line of Trect No. 10: N. 73° 56'F.., 60.71 ft. to a 1/2" iron stake set for an angle; and N.88° 00'E., 40.43 ft. [o an 1/2" iron stake set for the east corner of the herein described easement; THENCE, upon, over and across Tract No. 10, parallel with and 100 ft. from its southerly southwest line, N.15° 38'W. 118.15 ft. to the PLACE OF BEGINNING, encumbering 0,253 acre (11,025 sq. ft .) of land, more or less, within these metes and bounds. Z hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on 'the Rround under my direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all. property corners are as stated. Dated this 23rd day of January, 1985 ,~ _...~ Lee C. Voelkel Registered Public Surveyor No. 3909 County Surveyor for Kerr County EXIiIBIT "B" LEE C. VdL'LKEL .. ... -o::. ~ 3g&J ~ _ . •c 1.1: S.r r lr>'A ~l.'~.a iC~.~'1+, r;-,+'+C'v~l>'u'~!'i~! w PHONE 611757 3373 • 717 CLAY BT REST, KBARVILLl, THX.N 7~ta FIELD NOTES DESCRIPTION FOR A 1.15 ACRF. TRACT OUT OF TUE KERRVILLE- KERR COl1NTY AIRPORT, IN TILE CITY OF KERRVILLE, KERR COUNTY, TEXAS Being all of a certain 1.15 acre, more or less, tract or parcel of land out of 0. V. Robinson Survey No. 44, Abstract No. 282, in the City of Kerrville, Kerr County, Ts'xas; ,part of Tract No. 9 as designated on the Leasing Hap for the Kerrville-Katz County Airport; and being more particularly described by metes and bounds as follow? BEGINNING at a 1/2" iron stake in the south line of a two-hundred (200) ft. vide zgerva strip for the north corner of the herein described tract and said Trect No. 9; YhitA point bears 200 ft. 5.15° 38'E. from the south corner of Tract No. 3 currently leased to X X Aviation; THENCE, with the said south line of 200 ft. wide strip and northwest lint of said 1Yact No. 9, N. 74° 22'E., 200.00 ft. to a 1/2" iron stake set at the intersection oP the south line of 200 ft. wide strip with the west line of an eighty (80) ft. wide reserve stsip fer the north corner bf the herein described tract and said Tract No. 9; THENCE, with the said west line of 60 ft. wide strip and northeast line of TstipCt No. 9, 5.15' 38'E., 250.00 ft. to a 1/2" iron stake set for the east corner oP the hezein described tract; THENCE, upon, over and across Tract No. 9, fifty (50) ft. from and parallel Eo,tbe eo'mon line between Tracts Nos. 9 and 10, S.74° 22'W., 200.00 ft• to a 1/2° iron stake ast in the west line of Tract No. 9 for the south corner of the herein described tract; THENCE, with the southwest line of said Tract No. 9, N.IS° 38'W. 250.00 ft. to the PLACE OF BEGINNING. I hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey vas made to reestablish Pa tent 'Survey lines or corners; and that all property corners are as stated. Dated this 23 rd .day of January, 1965 Lee C. Voelkel Registered Public Surveyor No. 3909 County Surveyor for Kerr County E201IBZT "C" ., ....................1 ,.... c5ldy .......... ~< <~.~ o \!' i;'ln ,!L ~'~"-y ,. „:'i;Sliiri•d M1p ,.; "; ~~'; ,i IG'1 ~~ • Pk10 NE 917~Y 67~]Jl] ° T1Y LLAY eTHEET, KEggViLL~. TlXAa 7e04a ' (N) ~. .-~'' .. j:{'..: ~~~,,: ..yy a t ' r~X;, !! . 5L1 :<~. 'M v ~ i ~ ~ r yyti,.. ::•~ •' ~ ~~. ' ptyf}~ ~ ..~ 1 ~ ~~ ~ e~ ~ ~ '~ l7 .' ~ ~ i I s',~t ~~~.~ ~ yy}}j;.7. :~ b R...o. aYeeea tew- ti'Fr ~: • . c~~;kT s .~,,f~ .}~~N~ .~. . . ~';~s;. , ,~~ ,,,, • f r~s-:. se„'g, ~ ~ ; ',~, J.Y?,y.~. ~Y J{~ I µ, .~` #~, `~~ ~~ ~~~- ~~~ ~"r r~ ~~ ~,1 .Jp', .t.~- .. 1~J~~~ ~t ..4:.j~`. `9f: Lr. ~` l0i ,n ,.. 'as . ,r ?,, ;: i M ~ M STEEt_ BUILDtNC~~. ~1 RESERVA710N RT. BOx 62 '~ ~ ~S~~ll. HALER, TEXAS 7!1697 ~! ., ii6~: _,, (572) 661J368 ~'k!j , '" ~ . , C~ecarnLur`~5. l9$4 3 & P Aviotlcn lUr~ 73 :ildney E+a F•ar Kerri,•llle, 7ex.ng ,50,"_:? Gentlemen: We Q. 1. T; i. Df t0?i 1.:..1~i1Y.:= JfE f':5-C!_°Ed tJ i+e 3eleCt®d ,,t~ fur'nia'f•: o. r'rd e•r":_'~r. •+r,ir .; t,__ I Nri r"r~'.•r .. lde FI.41"iJ. i. t'.• YUi'!11 r: F.. ...ite,r ]ul .'r'.=1 :.Y :.CYlgr'r fc+r' Cqn~ ~£ tPUCt l bn _ C f'in;'~9.:r •'15 ~~--e_ ~, r i C'.?~~ [•rE .I ntJ: 1. ~TF'gN i. IJ'+T Ci t? .. iS;.''; h, Y~ is iii. ._i_i 1.,.J .jiny n. Har-~9e+" lirC'~ Li. .'~!i' L. ~ _... E.H. t.. 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