ORDER N0. 16389 APPROVAL OF ISSUANCE OF ESTOPPEL CERTIFICATE ON BEHALF OF S & S AVIATION, INC. - RE: LEASE AGREEMENT DATED MAY 2Sth, 1985, BY AND BETWEEN THE CITY OF KERRVILLE AND COUNTY OF KERR AND S & S AVIATION, INC. On this the 21st day of November 1985, upon motion made by Commissioner Guthrie seconded by Commissioner Lich the Court unanimously approved issuance of an Estoppel ' Certificate on behalf of S & S Aviation, Inc., in concurrence with action taken and approved by the City Council at their regular meeting on November 12th, 1985, (Re: Lease Agreement dated May 28th, 1985, by and between the City of Kerrville and County of Kerr and S & S Aviation, Inc.) It is ordered by the Court that County Judge Gordon S. Morriss be authorized to execute said certificate on behalf of Kerr County. k ESTOPPEL CERTIFICATE Landlord: CITY OF KERRVILLE, a Municipal Corporation Address: 800 Junction Highway Kerrville, Texas 78028 Landlord: COUNTY OF KERB, TEXAS Address: Kerr County Courthouse Kerrville, TExas 78028 Tenant: S&S AVIATION, INC., a Texas Corporation Address: 1920 Saddle Mountain Trail Kerrville, Texas 78028 Lender: INTERFIRST BANK SAN ANTONIO, N.A. Address: 300 Convent Street P. O. Box 1120 San Antonio, Texas 78294 Lease and Premise^: That certain Lease Agreement entered into by and between Landlord and Tenant, dated May 28, 1985, a copy of which is attached hereto, and covering the Premises more particularly described therein. In order to induce Lender to make a loan (the "Loan") to JOEL A. SMITH, JAMES O. SHURTLEFF and S&S AVIATION, INC., a Texas Corporation, secured by a Collateral Assignment of Less_ee's Leasehold InteYest=~-upon the Premises by virtue of the above described Lease, Landlord and Tenant. make the following statements and agreements: 1. Landlord and Tenant hereby certify as true and correct, the following statements. (a) The copy of the Lease attached hereto is a true, correct and complete agreement between Landlord and Tenant with respect to the space described in the Lease. (b) The Lease is presently in full force and effect. (c) As of the date hereof, neither Landlord nor Tenant is in default under the terms, provisions and conditions of the Lease. (d) Tenant has not security deposit except as Lease. (e) Landlord has not has made any assignment, ~ Lease. prepaid any rent or made a specifically set forth in the received a notice that Tenant pledge or hypothecation of the (f) Tenant hereby agrees that the Lease and any rights of Tenant thereunder are hereby SUBORDINATED to and in all manner inferior to any and all liens in favor of Lender. 7/31/85 FBB:skj #372 PAGE - 1 - 19 _ ~ ~~ C O N S E N T The undersigned, Lessor undar the hereinabove described Lease Agreement, hereby consents to the Collateral Assignment thereof by S&S AVIATION, INC. unto INTERFIRST BANK SAN ANTONIO, N.A. The said Collateral Assignment doF not affect tho rights, duties and liabilities as betwee Assigned and Lessor in the event of possession cf, foreclosure by Assignee, which rights, duties a liabilities are set forth in the said Lease Agreement. ~ as ~ ~ ~ ~~,~~.,. S , c u~1 ~~ (I~f 8 CITY OF KERRVILLE BYs Its: ~' ~ / COUNTY d 2R "T `4~-~ ~~ r o . County Judge THE STA'PE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 1985, by ~ of the CI'LY OF KERRVILLE, a Munic pal Corporation, and in the capacity therein stated. - __ .- -, -~~-=.Notary Public, State of Texas Type or Pr nt Name ~ My Canmission Expires: THE STATE OF TEXAS § COUNTY OF KERB § This instrument was acknowledyed before me ora the __2.Ls.,L day Of November _, 1985, by GORDON S. MORRISS COUNTY JUDGE of the COUNTY OF KERB, TEXAS, and 1n the capacity t}ierein stated. No b~ State of Texas L S D Type or Pr nt Name My Commission Expires: g-gyp-gq 7/31/85 FBB:skj #372 PAGE - 6 - ~, ~ , 21 .. ~ --- November 13, 1985 Judge Gordon S. Morriss County Courthouse Kerrville, Texas 78028 Dear Judge Morriss: The City Council during its Regular Meeting of November 12, 1985 did approve: 1. The issuance of an Estoppel Certificate on behalf of S & S Aviation, Inc. (Copy attached.) K CITY OF KERRVILLE. TEXgS 2. The request from Mooney Aircraft Corporation to change the name of the road west of Louis Scnreiner field from Airport Entrance Road to "A1 Mooney Road." (Documents attached.) We would request that Item 1 above be given attention at earliest convenience. Sincerely, ~,: / Jos`W.'Mennella Airport Manager CITY OF KERRVILLE Attachments JWM:ls 512 ~ 257 ~ 8000 KERRVILLE, TEXAS 78028 ORDER N0. 16389 APPROVAL OF ISSUANCE OF ESTOPPEL CERTIFICATE ON BEHALF OF S & S AVIATION, INC, - RE: LEASE AGREEMENT DATED MAY 28th, 1985, BY AND BETWEEN THE CITY OF KERRVILLE AND COUNTY OF KERB AND S & S AVIATION, INC. 11-21-85 VOL, Q, Page 167