ORDER NO. 16863 CONSENT TO ASSIGNMENT OF LEASE AGREEMENT DATED AUGUST 4th, 1983 AND AMENDMENTS THERETO, FROM KX AVIATION, INC. TO R. R. WOODWARD ENTERPRISES, INC., A TEXAS CORPORATION On this the 8th day of October 1986, upon motion made by Commissioner Higgins, seconded by Commissioner Guthrie, the Court unanimously approved a CONSENT TO ASSIGNMENT OF LEASE AGREEMENT, consenting to Assignment of Lease, by and between the City of Kerrville and the County of Kerr, Lessor, and KX Aviation, Inc, by John Miller, Jr., President, Lessee, and amendments thereto, such assignment being from KX AVIATION, INC. to R. R. WOODWARD ENTERPRISES, INC., A TEXAS CORPORATION, controlled by Robert R. Woodward, as approved by the City of Kerrville, with the exception that the conditions attached (letter dated October 7th, 1986 by City Attorney Thomas S. Terrell) be amended to provide for a general release of all claims by KX AVIATION, INC. It is further ordered by the Court that County Judge Morriss be authorized to execute said Consent to Assignment on behalf of Kerr County. Board Certified Family Law THOMAS S. TERRELL ATTORNEY AT LAW !13 SIDNEY BAKER KER RVILLE, TEXAS 78028 October 7, 1986 Mr. David Jackson Attorney At Law 829 Jefferson Kerrville, Texas 78028 Telephone: 512 1257-8559 512 1896-5677 RE: KX Aviation to R.R. Woodward Enterprises Dear Mr. Jackson: I am enclosing herewith a form of consent which the City has authorized the Mayor to sign. The original executed consent will be delivered at closing upon the following conditions. .-1. Payment of all due ad valorem taxes. ~--2. Delivery~of certificate, and policy of insurance showing that~Purchaser has the insurance required ,q by the lease agreement. ~,Q,G ,~(~ 3. KX Aviation and John Miller, Jr. release all past ~ X~y-"',"w-iYA an~d~~fu~rp ~~a~~ th@ ma h v~~ ,~ . KX Aviation pays $ a~'kS~~~~3~- aid car rental fees to the Airport Fund. 5. The City-County pay KX Aviation Z in General Funds for the release. Yours very truly, ~^ --~ Thomas S. Ter TST/nc ¢% ~~ ORDER N0. 16863 CONSENT TO ASSIGNMENT OF LEASE AGREEMENT DATED AUGUST 4th, 1983 AND AMENDMENTS THERETO, FROM KX AVIATION, INC. TO R. R. WOODWARD ENTERPRISES, INC., A TEXAS CORPORATION On this the 8th day of October 1986, upon motion made by Commissioner Higgins, seconded by Commissioner Guthrie, the Court unanimously a proved a CONSENT TO ASSIGNMENT L6hi9 do~' SI,p.~.~la,ya- . OF LEASE AGREEMENT, dated August 4th, 1983 and amendments SUCO. ass'Ka~ {~n.~p thereto, from KX AVIATION, INC. TO R. R. WOODWARD ENTER- n PRISED, INC., A TEXAS CORPORATION, controlled by Robert R. Woodward, as approved by the City of Kerrville, with the exception that the conditions attached (letter dated October 7th, 198'6~by City Attorney Thomas S. Terrell) be amended to a general release of all claims by KX AVIATION. Board Certi+led Family Law THOMAS S. TERRELL ATTORNEY AT LAW A13 SIDNEY BAKER KERRVILLE, TEXAS 78028 October 7, 1986 Mr. David Jackson Attorney At Law 829 Jefferson Kerrville, Texas 78028 Telephone: 512 1257-8559 512 / 896-5677 RE: KX Aviation to R.R. Woodward Enter rises Dear Mr. Jackson: I am enclosing herewith a form of consent which the City has authorized the Mayor to sign. The original executed consent will be delivered at closing upon the following conditions. -1. Payment of all due ad valorem taxes. ~--2. Delivery~of certificate, and policy of insurance showing that-Purchaser has the insurance required by the lease agreement. ~A ,,~ ~j _ 3. KX Aviation and John Miller, Jr. release all past (~~'~Xy`_;~,"~t,4 and futur claim$ h/'~ 'my'a~y t~ ve Q,Q,Q lR~i~GOAi.wt+~~/iC L'er~7f~~~~~~A.~~-~ ; - ~ ~'sz~-.. . ~A. KX Aviation pays $ unpaid car rental fees to the Airport Fund. 5. The City-County pay KX Aviation $~6a.G2 in General Funds for the release. Yours very truly, c' --~ Thomas S. Terrel TST/nc CONSENT TO ASSIGNMENT LEASE AGREEMENT KX AVIATION, AUGUST 4, 1983 AS AMENDED The Undersigned City and County hereby consent to the assignment of that certain lease dated August 4, 1983, and amendments thereto, from KX Aviation, Inc. to R.R. Woodward Enterprises, Inc., a Texas Corporation controlled by Robert R. Woodward. Such Purchaser Assignee is hereby notified of the following: 1. "KX Aviation has failed to comply with its letter agreement dated July 14, 1986, with reference to a fire ~J/<~~ alarm system. Such letter agreement is attached ( /N hereto. The City-County expects any new owner to comply' with such obligation." 2. "The 1983 lease to KX Aviation provides in paragraph 13 ~~~ that 'Lessee shall have exclusive use of the unicorn (or ter- substitute) for advisory purposes. The gener~~ ,~ F advisory frequency license is and has been owned' by 2a /n(~~ others since 1983. -O~^-.~~~.--~ux~Yy wa~~~ o.t.,.~-aid-r /y ~~ 3. KX Aviation has erected a weather tower on land not covered by the lease. a+ -~^~~_.,_± - f tom" The MoGas fuel tank may 'be within the utility easement. SIGNED this day of , 1986. CITY OF KERRVILLE By Mayor COUNTY OF KERR i By County Judge KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD By Chairman ~ r (/~J '~%~t#1M. N.f '/~'~`~GG~'(rt~j~`/L- ~ /L~k! (,~(~ ..- W~c~~Y/~~ f _„/,~ l ~ ~~~~ ! ~ MEMO TO: Glenn D. Brown, City Manager FR Joseph ,W. Mennella, Airport Manager DAT October 7, 1986 SUBJECT: K-X AVIATION, INC. Attached are documents pertinent to the Tuesday evening Special Called Meeting of the City Council 5:00 p.m. 1. K-X Aviation, Inc. request to assign the Lease Agreement, dated August 4, 1983 between the Airport owners and K-X Aviation, inc. to an unnamed party. 2. Joint City/County Airport Advisory Board minutes of October 2, 1986 reference the same subject with two recommendations to the City Council and the County Commissioners' Court. 3. Building Code Compliance a. Letter from John Miller to City of Kerrville dated Sept. 21, 1983 requesting variance. b. Letter from Building Board of Adjustment and Appeals granting John Miller, Jr. a variance for K-X Aviation hangar. c. Letter from John Miller, Jr. to City Council re installation of fire alarm as per variance. d. Fire Marshal's Inspection Report dated October 2, 1986. 4. Weather Reporting Station (Tower) a. Letter from Airport Manager to K-X Aviation, inc. dated November 12, 1985 reference weather instrument placed off K-X Aviation leased site. b. Certified letter from Airport Manager to K-X Aviation, Inc. dated June 11, 1986, addressing requirement to move weather tower upon request by Airport owners (unanswered). 5. Plan of K-X Aviation leased site identifying location of fuel pump and tank on property line (drawings by Kerrville Telephone Company). Memo to City Council October 7, 1986 Page 2 6. Agreement between K-X Aviation, Inc. and Airport owners dated October 29,'1984 addressing non-exclusive use of Airport advisory frequency license. 7. Letter from Airport Manager to FCC advising of Airport owners intent to apply for Unicorn in 1988. INFORMATION• Reference Auto Rental Fees: The last auto rental fees received from K-X Aviation, inc. were for the period August through December, 1984, and amounted to $837.16, an average of $167.43 per month. This was during the period that K-X Aviation had an exclusive on auto rentals at the Airport. Allowing other FBOs to lease autos at the Airport could have decreased the monthly average. Auto rental fees received from other FHOS,averaged for the month of June and July 1986, was $134.00. Reference City/County Taxes: Information received from the office of Doris Lee Smith indicates that the sums of $2,258.12, $452.02 and $1,542.07 for the last tax year are unpaid as of October 7, 1986. October , 1986 KX Aviation, Inc. 1875 Airport Loop Renville, Texas 78028 RE: Gentlemen: The undersigned hereby consents to the assignment by you of the above-referenced Lease Agreement. Very truly yours, CITY OF RERRVILLE BY: COUNTY OF KERR BYs KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD BY: JTB3A ' r . ; «~, F w ~: ~; .. .:a ,. '~'..::' Jy . 4 1' r ,1 . -T'+~ i . yL ~,. `r y At fy. ~' ~, y ~1 E:; v~ro (•' iV ~~i Y ~ f ! ~~ r { .r,r 5.:.r ~1t/a~f w2gidi'r1 w ~ 1 ~ rr~f r~.~. ~?''`1 °'~ IV~y~,LH!±/,aY ~!..ps a~>'r, -. ' ~ ~.:: _ ~ ~ .-1 4< ~-u: s~ _ .<. ~;: °:~ , ;,'_ • ,'}: ):L STATE OF TEXAS COUNTY OF KERR CITY OF KERRVILLE On Thursday, October 2, 1986, the Kerrville-Kerr County Joint Airport Advisory Board mat in Special Called Session at 5:00 p.m. in City Hall Meeting Room, No. 1, Kerrville, Texas. MEMBERS PRESENT Dan Hitch Harry Turnpaugh Gary Crozier Stephen Drane Gene Glass A. J. Brough Ed Higgins Joseph Mennella Vince DiPiazza Loretta Shawver VISITORS PRESENT John Miller, Jr. Don Fisher Charles P. Johnson Louis Strohacker Chairman vice Chairman Member Member Member Ex-Officio, City Council Ex-officio, County Commissioner Airport Manager Administrative Assistant Recording Secretary K-X Aviation, Inc. S & S Kerrville Air City Councilman Dugosh Aircraft Chairman Hitch called the meeting to order, and stated that the purpose for the meeting was to discuss the proposed sale of K-X Aviation, Inc. Mr. Miller had presented an Assignment Letter to be signed by the City and County which also had to have approval of the Airport Board. He said he was selling K-X Aviation to R. R. Woodward Enterprises, Inc. Chairman Hitch said there were some Items that needed to be discussed prior to signing the letter, and asked if Mr. Miller would like to qo into Executive Closed Session to discuss them. Mr. Miller said he would discuss them in open session, but did not feel they were pertinent to the sale. Mr. Hitch said the Board was concerned that K-X: a. Was delinquent in paying lease fees, auto rental fees, City and County taxes, b. Was not in compliance with City Building Codes c. Had a weather station and an underground gas tank located on property that was not leased by K-X. Mr. Miller replied again he didn't feel the Board had authority to discuss these things, that an Indemnifying clause had been included in his agreement with Woodward regarding any claims the City might or might not have against him. He said it should be the responsibility of Mr. Woodward's attorney to request an estoppel letter to determine the status of the lease. Concerning Building Coda violations, Mr. Hitch asked if the Fire Marshal had recently checked K-X. Mr. Mennella distributed a letter from the Fire Marshal's office (on file in the Public Works office) stating that although afire alarm system was there, it was not tied into tha Kerrville Police Department. Mr. Terrell stated that at the time the Fourth Amendment was signed regarding Miller's request to lease Tract 2, a letter agreement, dated July 14, 1986, had been signed stating that the fire alarm box for the Police Station would be installed within 15 days, and an alarm system for the second building (.including physical installation of the alarm box at PD) within 60 days. Mr. Miller said he had showed good faith by having the system in his facilities, it just - 2 - hadn't been completed. He replied the City never was able to tell him what would work for him - he does have a dedicated telephone line. Mr. Brouqh asked about removing Paragraph 13, Operation of Radio (Unicom), from the contract. Mr. Miller said the buyer was purchasing the lease as is - and would not agree to the deletion of this paragraph. Mr. Turnpaugh moved that a notice be placed on the Assignment Lettet stating that at the present time the City/County do not have control of the Unicom and are. unable to fulfill the requirements of Paragraph. l3, however, at such time as they do obtain control of the frequency they would do what was required by the contract, FAA and FCC. The motion died for lack of a second. There was discussion that Mr. Miller intended to stay in the car rental business. He has the National Car Rental franchise. Miller replied that Woodward would be using his cars. Mr. Terrell said if he (Miller) was going to be in the car rental business he would have to apply for a certificate. Mr. Mennella reminded the Board that the Policies and Standards state that a car rental business must work through a fixed base operator on the field. When asked who would pay the concession fee of 5$, Miller replied he did not know - this had not been addressed in the contract discussions with Woodward. There also was discussion of Stoepel Ford providing cars on the airport, if this is so, Stoepel Ford may be an unauthorized car business on the airport. Mr. Crozier made a motion that John Miller pay what is owed to the City, comply with building codes, and that any facilities on M unleased property be moved either by him or someone else, and the ~ City/County pay Miller for the possible loss of revenue. In T return Miller would give a general release of any claims of loss I of revenues caused by the Vnicom situation. The motion was ~ seconded by Mr. Glass and unanimously approved. N Mr. Mennella stated that funds in the Airport fund had to be used strictly for Airport purposes. He also stated for the record that Dugosh Aircraft and S & S Kerrville Air have paid car rental fees. Mr. c3lass made a motion that the Airport Hoard recommend to City - M Council and County Commissioners' Court that the Lease Assignment ~ Letter for the sale of K-X Aviation, Inc. be signed. Mr. T Turnpaugh again suggested that the notice regarding the Unicom j 2 system be attached to the Letter. As this was not part of the ~ motion, the original motion was seconded by Mr. Crozier and N unanimously passed. Mr. Terrell asked Mr. Mennella to check into the car rental situation at the Airport to find out how it was being handled by each FBO. He also suggested this Standard and method of controlling the fee be discussed at the next Airport Board Meeting. With no further business the meeting was adjourned. APPROVED IIan H tc , C a rman Kerrville-Kerr County Joint Airport Advisory Board ATTEST Loretta Shawver, Recording Secretary ~i r ° ~ ... ~ i J r pp REALTORS • BUILDERS • DEVELOPERS September 21, 1983 City of Kerrville 600 Main Kerrville, Texas 78028 Re; KX Aviation, Inc. • Gentlemen; I ^m requesting that I be allowed to exceed the so us re footage by 207. of the maximum allowed for hanger con- struction without automatic fire sprinkler system. - In lieu of fire sprinkler system, I will install 8 dry chemical or foam type fire extinguishers, as spproved by the Fite Marshsll, in the hanger portion of the building. I will also install one each fire extinguisher in shop area and one in the office area. ~ cerely, -.~ John W. Miller, Jr. ~'~ KX Aviation,. Iac. cc JWM:ms 301 LA CASA DRIVE • KERRVILLE, TEXAS 78028 512-896-2371 - 3a - September 30, 1983 SUBJECT: VARIANCE ON ARTICLE 412.4 (g) of the STANDARD BUILDING CODE A variance was granted to John f4iiler, Jr. on (Sl2)896.133R September 30, 1983 on a called meeting of the Building Inspection Board of Adjustment and Appeals by a unanimous vote. Department However, the variance was granted with the provisions set forth by the Board, they are: 1.) Smoke alarm system must be connected directly to the Fire Department. 2.) All Fire Department regulations must r be net. ~~ 3.) 30 feet from the outer perimeter of )~••~ !1(f ~ ~ the building must be clear of struc- tures. r O~ nEQRVIIIE. TEXAS 600 M~~N ST FEET KERRVIL LE. TE%/1f 7D0If Har ey Beck// v-. r -• - Ed Clarkson _, i ~ - -.-- ----_._._. - 3b - `/:' BOARD OF ADJUSTMENTS AND APPEALS July 1a, 1986 To: City Council City of Kerrville Kerrville, Texas 78028 RE: KX Fire Alarm Systems Gentlemen: 1 hereby agree as follows: !. 1 agree to order fire alarm box for Police Station within 1 day of the date hereof and to have the same physically Installed within fifteen days hereof. 2. 1 agree to order and complete the alarm Installation for the second building (tnctuding physics! installation of the alarm box at the Police Station) within sixty days of the date hereof. Signed this ~ day of Juty, 1986. Dk~~ n er r, n v uaTTy and President KX Aviation - 3c - CITY OF KERRVILLE, TEXAS OFFICE OF THE FIRE MARSHAL 2t2 "A" STREET KERRVILLE, TEXAS 78028 ~ (512) 89&1415 T0: Joe Mennella REFERENCE: KX Aviation Inspection FROM: Fire Marshal DATE: October 2, 1986 During the inspection of KX Aviation on October 2, 1986 the following discrepancies with the City of Kerrville Fire Codes were found. OFFICE: The fire alarm activates locally, no indication at the Police Department dispatch. MAIN HANGAR: In the main hangar the only alarm pull station produced no activation at a11. There is also an open electrical function box of the alarm system on the northwest hangar wall. SECOND HANGAR: With three alarm pull stations no activation was produced in the fire alarm system. Need one extinguisher added at rear of hangar. GENERAL: Behind hangars, at fuel pump for lease vehicles, extinguisher and "No Smoking" signs are not provided. Fuel tanker vehicles are parked closer than 50 feet to hangar. Both fuel tankers have wooden ladders mounted on the rear. Jet fuel tanker is missing an extinguisher. ti t . l, ~ _:. ;.. t, .r. .. ^., ,. :: .. ;~~,, ~- .,. .r. .: r. lNr Js ~b r +• r r s',,. Y ~ /• l ~ "'~2+'v ~. ^ ~ ~ • Y t WYY a„ 111 ~i.. ~ } a T f':: ` ~ ~ ..~ 4: r ~ ~ '~ e ' ~ ~ ~ ' ' 5 . : ~: e. ?. f. . y _.. ~. ~ ( /~ ~. ~ p.` +Yai t +t 1 t A. tp ^~ :~C.,,' t.(a','.''~~k:~?r... .,~ ~ ~ ,.. 1~nhlre.., r. ~'. ..:r.1C1 .i Yy~. ':3 ~t li ~. Y $~A`f s }4K'4C t l" > H:, ' iN ' ,V x .` f.. ,. . rMl 5A T i': ~~ ,,, ~~ `~ 1 1 °~;,~.. ./~,p~~YR .. ~ j~. i[ or wswwvnu, ii, I I !. -i November 12. 1985 Mr. John Hiller. Jr. Y-X Aviation. Inc. 1875 Airport Loop Road Kerrville. Texas 78028 REs WEATHER INSTRUMENT Dear Mr. Millets It has come to our attention that you havE instrument on Airport property without aut further noted that this aeathar instrument Airport property which is not leased to K- This xeather instrument must ba removed in ~h W.-Mannalla art Manager OF XERRVILLB 1112 ~ PS7 ~ 8000 KERRVILLE, - 4a - ,,. . 7~~~1' / /.,,~ G't'Ct t arc ~ '~!~ ~ rte/ Q.~~,s~' A?~ ~ ~ ~ ~ t d M\ ~ ~ ~ ,~ .:' a c J ', . i iX JX w J OOMElTIC IIETUIIN 11EC1 it to me. a copy of Date C1T`I O~ ~RRVILLE WILL SNOW N6W ~ALCsHEKtS • oht Exu~nFi4 l~AtiN~i Ptl,~' R-1D AuY KU'tVtB U~ taHVarr`ts~crcnoN FMS H~t.1 Af{P.eMF.~ BY 7 ti~NN@LLA ANO U.tvt-i NC?TcLY Of T11E UtY OF-i . • 9 14.81. / O tlLl ttls~mau~ R6~ued 4e.M..ss~.n IoM ael~n / FOR. G.ewwwT levtt 1'a NL'W F~RatCtR, F7ts W ~~~ ~AI~ 7~I. FoX1'ctOT KNEvu ~S'F.~.SPttENTfo O ~ ki1D ItRA weAtNEWew> NCW v ~ ~. I tGwS fbNP '.~ At6 NC PARKING LCt I 70 ~ Je~I HAM/ R•derT R. Waoowwto kWGE1C kx eviFrnon~ BfISTFNF fWl6lIC O kx AvnzloN 6tt117NG li/w y~•~ O ' . ( GaNGRET~ RA~ - I •~ r Corr SF+rr -rn z -s- sv - - --- ~•PPD: h October 26, 1984 Honorable A. J. Srough, Mayor The City of xerrville City Hall Kerrville, Texas 78028 Honorable Gordon S. Morriss, County Judge Kerr County Courthouse Kerrville, Texas 78028 Gentlemen: This shall confirm that when the Airport Advisory Frequency License for the Unicorn Radio at the Kerrville Municipal Airport is granted to the City and County, the undersigned, as the Lessee under the Lease Agreement dated August 3, 1984, will operate the Unicorn Radio as specified in said Lease, and such ' use by the undersigned shall be on a nonexclusive basis. Very truly yours, KX AVIATION, INC. By _ ~ ~ , n W. Mir, Jr. , re`se`nt ~~ y~ /9d~ Date /0 ~~ a e 6 ACCEPTED AND AGREED: March 28, 1986 Mr. Marcus Stevens Federal Communications Commission Gettysburg. Pennsylvania 17325 RE: AERONAUTICAL ADVISORY UNICOM LOUIS SCMREINER FIELD. CITY OF KERRVILLE. KERR COUNTY. TEKAS K Dear Mr. Stevens: The City of Kerrville/County of Kerr, owners of the landing area (Louis Schreiner Field), wish to make known to the Federal Communications Commission that it is the intent of the owners to make application for the Aeronautical Advisory (Unicom) for Louis Schreiner Field currently held by Dugosh Flying Service and valid until July 25. 1988. As discussed today with Ms. Reedy of your office. it is the intent of the owners to make the Louis Schreiner Field Aeronautical Advisory (Unicom) available to all Fixed Base Operators that have the right and the need in accordance with applicable FCC rules and regulations. Wa request that this correspondence be placed in file to preclude the renewal of the Unicom license to Dugosh Flying Service without consideration of the landing area owners' application. Sincerely, .+. nauunata A port Manager CITY OF KERRVILLE JWM:ls 912 • 287 • e000 KERRVILLE, T - ~ ORDER NO CONSENT TO AGREEMENT D AND AMENDME AVIATION I 16863 ASSIGNMENT OF LEASE ATED AUGUST 4th, 1983 NTS THERETO, FEOM KX NC. TO R. R. WOODWARD ENTERPRISES, INC CORPORATION 10-8-1986 A TEXAS Vol. Q, Page 297