ORDER NO. 17972 APPROVAL OF ADDENDUM NO. 1 TO LEASE AGREEMENT, DATED MAY 28, 1985, BETWEEN THE CITY OF KERRVILLE AND COUNTY OF KERR, LESSOR, AND S & S AVIATION, INC., LESSEE, AND APPROVAL OF ESTOPPEL CERTIFICATE & CONSENT FORM On this the 27th day of June 1988, upon motion made by Commis- sioner Ray, seconded by Commissioner Baldwin, the Court unanimously approved ADDENDUM NO. 1 to Lease Agreement, dated May 28th, 1985, between the City of Kerrville and County of Kerr, Lessor, and S & S Aviation, Inc., Lessee, (name changed to Kerrville Air, Inc.), and approval of ESTOPPEL CERTIFICATE AND CONSENT FORM in favor of Citizens National Bank, CITY OF KERRVILLE and COUNTY OF KERR, - Landlord, and KERRVILLE AIR, INC., Tenant, subject to concurrence by the City of Kerrville. It is ordered by the Court that County Judge, Danny R. Edwards, be authorized to execute Addendum No. 1 and Estoppel Certificate and Consent Form on behalf of Kerr County. ADD-KAI/MISC.88-8/GEK/sgp/6/22/88 ADDENDUM NO. 1 TO LEASE AGREEMENT (Airport Lease - S & S Aviation, Inc.) WHEREAS, on the 28th day of May, 1985, the CITY OF KERRVILLE, a Municipal Corporation, and the COUNTY OF KERR, a Political Subdivision of the State of Texas (hereinafter referred to as "Lessor") did enter into one Lease Agreement with S & S AVIATION, INC., a Texas Corporation (hereinafter referred to as "Lessee") concerning the following real property: Tract No. Ten (10), Louis Schreiner Field Subdivision No. One, more particularly described in the plat thereof to be recorded in the Plat Records of Kerr County, Texas. WHEREAS, Lessee and Lessor entered into a First Amendment to the above-described Lease Agreement on August 15, 1985; WHEREAS, the said Lessee, S & S AVIATION, INC., has changed its corporate name to KERRVILLE AIR, INC. as shown on the attached Exhibit "A" and hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim; and WHEREAS, the Plat referenced above has not been recorded in the Plat Records of Kerr County, Texas. NOW, THEREFORE, for and in consideration of the benefits to the parties under the terms of the Lease Agreement to which this Addendum refers and for and in consideration of the benefits to the parties under the terms of this Addendum, it is agreed as follows: 1. From this date forward the name of the Lessee shall be KERRVILLE AIR, INC. 2. The field notes attached as Exhibit "B" and hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim, are the true and correct legal description of the premises leased to Lessee as Tract No. Ten, Louis Schreiner Field Subdivision No. One. /) EXECUTED this the ~ day of ----~~~, 1988. LANDLORD: APPROVED AS TO FORM: CITY OF KERRVILLE 1i ~(• '1 1 , "' ~~ ;1!~1 I'„~-,fig I ~,.J'~f~_3 BY: ~ r.OC_ . ~ J~-_`j+ CITY . . ATx RN ~;Y Date Its 1 AdD-KAI/MISC.88-8/GEK/sgp/6/22/88 AppROVED AS TO FORM: ~~ ~ /~~ COUNTY ATTORNEY t r ~, COUNTY OF KERRr T~XAS HY: Gt%'::~~~'' ,~r~r'lG'f~~ 7rte~~tr,~, . iy J~-~1cr TENANT: KERRVILLE AIR, INC. ~~~~~ J ES O. SHURTLEFF, P ident .'t F u~ v 4,l',i \~ ?~: A M W i f H s /," A' 4 ~ ' 'r i .,` ' ~,• ~ ~Il~e ~tute~of ~Iex~s ~eccefrlr~ faf ~t::`z CERTIFICATE OF AMENDMENT FOR KERRYILLE AIRr INC. FORMERLY S E S AVIATIONr INC. CHARTER NUMBER 736150 THE UNDERSIGNEDs AS SECRETARY OF STATE OF THE STATE OF TEl(ASr HEREBY CERTIFIES THAT ARTICLES OF AMENDMENTr DULY SIGNED AND VERIFIEDs HAVE BEEN RECEIVED IN THIS OFFICE AND ARE FOUNO TO CONFORM TO LAM. ACCORDINGLY THE UNOEi`SiGNEDs AS SUCH SECRETARY OF STATEs ANO BY VIRTUE OF THE AUTHORITY YESTEO IN THE SECRETARY BY LAMs ISSUES THIS CERTIFICATE ANO ATTACHES HERETO A C0:'Y OF THE ARTICLES OF AMENDMENT. OATED MAR. 3, 1986 Secretary of State pWIBIT "A" FIELD NOTES DESCRIPTION FOR A 1.92 ACRE TRACT OUT OF TIIE KERRVILLE- ~ KERR COUNTY AIRPORT FOR LEASE TO S. 6 S. AVIATION, IN TIIE CITY OF KERRVTLLE, KERR COUNTY, TEKAS Being all of a certain 1.32 acre, more or less, trod or parcel of land out of 0. V. Acbineon Survey No. 44, Abstract No. 282, Sn the City of Kerrville, Kerr County, Texas; parts of Tracts dealgnoted as No. 9 and No. 10 om the Loasing Nap for the Kerrville-Kerr County Airport; and being more particularly described by metes and bounds as follo.s: BEGINNING at a 1/2".iron stake set for the northerly vest corner of the herein described tract in the aouthvest line of Tract No. 9, 450 ft. 5.15' 38'E. fc~m the south corner of Tract No. 3 currently leased to K K Aviation; TIIENCE, upon, over and across Tract No. 9, 50 ft. from and parallel with the common line betveen Tracts No. 9 and No. 10, N.74. 22'E. 200.00 ft. to p 1/2" Iron stake set for rho north corner of the lie rein described tract In the. northeast line of Tract No. 9 and tl~e aouthvest line of a 100 ft. wide reserve strip; TIIENCF., along the aouthvest line of said 100 ft. wide reserve strip and northeast lines of Bald Tracts Nos. 9 and 10, 5.15' 38'E., at 50.00 ft. passing the east corner of Bald Trace No. 9, the north corner of said Tract No. 10, then continuing for a total distance of 231.46 Ft. to a 1/2" icon stake set at en angle point; and 5.02'00'E. 82.83 Ft. to a 1/2" Iron stake set for the east corner of the he rein deRCr±bed =sect at the intersection of the southwest line of said 100 ft. wide reserve strip with the northwest line of an 80 ft. wide reserve strip; THENCE, S.BB' 00'W. 185.70 ft. along the southeast line of Tract No. 10 and northwest line at said 80 ft. wide reserve strip to a 1/2" iron etako set for the south corner of the herein described traC[; THENCE, N.15. 18'W., 118.15 ft. upon, over and across Tract No. !0 to a 1/2" iron stake sec for a reentrant corner of Tract No. 10 at the east corner of an aircraft parking apron, than continuing fora distance of 100.00 fc. along the northerly west line of Tract No. LO to a point for its northerly vest corner, the south cornet of Tract No. 9, and then 50.00 ft. along the southwest line of Tract No. 9, a total distance of 26$.15 ft. this call, co the PLACE OF BEGINNING. ~BR uB.t CON-KAI/MISC.88-8/GEK/sgp/6/22/88 C O N S E N T The undersigned, Lessor under the hereinabove described Lease Agreement, hereby consents to the giving of a Deed of Trust and/or Collateral Assignment of the Leasehold Interest of KERRVILLE AIR, INC. to CITIZENS NATIONAL BANK. The said Deed of Trust and/or Collateral Assignment does not affect the rights, duties and liabilities as between Beneficiary/Assignee and Lessor in the event of possession of, or foreclosure by Beneficiary/Assignee, which rights, duties and liabilities are set forth in the said Lease Agreement. APPROVED AS TO FORM: CITY OF KERRVILLE ~~ BY: ~j~Q ~ d~M^^'~ i t s n'11.iaM.h COUNTY F KERB, TE}{/AS ~ (/ 1 ~ I THE STATE OF TEXAS ) COUNTY OF KERR ) This instrument was acknowledged before me on the day of , 1988, by , of the C3='P'1--OE'--~K~RVd~LE~-- a - Municipal Coxpor-a~i-0n-. and in the capacity therein stated. C ~~ n f~ e i K~ r r~ °°°° ~' 7 L.SANDEL Notary Public, State of Texas • ~ • Nohry4ultic. State N iun ~. ! III~~~Y yr ~ppmgygn hyxa 6-ID19_/ My Commission Expires: ,fir'-'_~~ r ! •h q ~ Notary's Printed Name THE STATE OF TEXAS COUNTY OF KERB This instrument was acknowledged before me on the i` day of r 1986, by E'.J~F'i~'~ ~c~~,. ~ of the COAtA~Y OF-KERR, TCr]4-A6, and in the capacity therein stated. C;'/y n { ~'(e r r~,- )!c , A ~~~~•,t,c ,~o,< / ('~„-y,a/ru t-.-.~ Notary Public, State of Texas My Commission Expires: Notary's Printed Name ~~~' `~ ` ~ lii i ,.., ~y 1 -. EC-KAI/MISC.88-8/GEK/sgp/6/22/88/6/23/88 ESTOP°EL CERTIFICATE Landlord: CITY OF KERRVILLE, a Municipal Corporation Address: 800 Junction Highway Kerrville, Texas 78028 Landlord: COUNTY OF KERR, TF,XAS Address: Kerr County Courthouse Kerrville, Texas 78028 Tenant: KERRVILLE AIR, INC., a Texas Corporation Address: 1885 Airport Loop Kerrville, Texas 78028 Lender: CITIZENS NATIONAL BANK Address: 212.3 Sidney Baker Street Kerrville, Texas 78028 Lease and Premises: 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 JAMES 0. SHURTLEFF and KERRVILLE AIR, INC., a Texas Corporation, secured by a Collateral Assignment of Lessee's Leasehold interest 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, the first Amendment to the Lease dated August 15, 1985, and proposed Addendum No. 1 to the Lease attached hereto are true and correct and accurately describe the space leased by Tenant from Landlord. (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 prepaid any rent or made a security deposit except as specifically set forth in the Lease. (e) Landlord has not received a notice that Tenant has made any assignment, pledge or hypothecation of the Lease. (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. 2. Landlord and Tenant agree that without the written consent of Lender, they will not: (a) modify or in any manner alter the terms of the Lease; and 1 EC-KAI/MISC.88-8/GEK/sgp/6/7.7_/88/6/23/88 {b) accept or pay rent or any other sums becoming due under the terms of the Lease more than one month in advance. EXECUTED this the ~ ~ day of ~,_(Lc, `__ _~ 1g88 LANDLORD: APPROVED AS TO FORM: CITY OF KERRVILLE `` ~~.C<- k-~ M ~'?~. j < In ct ct i,l ~ (.~~ 315 a a x : ~dL ~ '~•,~,,,,~.~-• Its ~__ ~ ~•;~ CITY- AT7~R Y Date _ APP~OVED AS TO FORM: COUNTY OF KERR~jJ TEXAS / I ~ . LLCL L~t'-LG ~~' Its ~,,., ~` TENANT: K/ER^RyV~,ILLE AIR, ~IJJN~C. ~`j AY : ~---rj LT~_'IYCE'.Z ` C'1 fit'/I•CL L'~. u- ~ / JA ES O. SHU- PES-~ 0. SHURTLEFF~ Pre ident 2 ORDER N0. 17972 APPROVAL OF ADDENDUM ACRF,FMENT, DATID MAY TBE CITY OF KERRVILLE KERB, LESSOR, ANDS & LESSEE, AND APPROVAL CERTIFICATE & CONSENT 6-27-1988 N0. 1 TO P E 28, 1985, B~~.S4EEN AND COUNTY OF S AVIATION, INC., OF ESTOPPEL FORD1 Uol. Q, Page 607