ORDER NO. 18624 MOTION TO APPROVE THZRD AMENDMENT TO THE 5 & S AVIATION LEASE DATED MAY 28, 1985 On this the 27th day of April 1989, upon motion made by Commissioner Ray, seconded by Commissioner Baldwin, the Court unanimously approved the third amendment to the S & S Aviation Lease dated May 28, 1985, which allows for common ownership by R. R. Woodward Enterprises, Inc., the premises formerly owned by S & 5 Aviation, and the adjourning premises formerly owned by KX Aviation. ~- ~~ BUSINESS OF THE CITY COUNCIL CITY OF KERRVILLE, TEXAS R3-11-87 SUBJECT: Third Amendment to (S ~ S Aviation} Lease, Kerrville Air, Inc. FOR AGENDA OF: April 25, 1~ DATE SUBMITTED: April 18, 1989 SUBMITTED BY: Joe Mennella CLEARANCES: Joint Airport Advisor~~_ Board, Public Works E.KHIBITS: Airport Board Minutes of Director, City Attorney March 15, 1989; Third Amendment (SfiS Aviation) Kerrville Air Inc. Lease AGENDA MAILED T0: Kerr County Court ~ ~~ APPROVED FOR SUBMITTAL BY CITY MANAGER: / Cam` Expenditure Current Balance Amount account Required: in Account: Budgeted: Number: $ 3 5 11 PAYMENT TO BE MADE T0: APPROVED FOR SUBMITTAL BY FINANCE DIRECTOR: SUMMARY STATEMED;'T R.R. Woodward Enterprises, Snc. did assume ownership of Kerrville Aviation, (a fixed base operator) and Kerrville Air, inc. (a fixed base operator), constituting common ownership of two (2) separate lease agreements. Both lease agreements have like minimum requirements. It is the desire of R.R. Woodward Enterprises, Inc. ccmbine all requirements of the two (2) leases into one d/b/a Kerrville Aviation. The Joint City-County Airport Advisory Board recommends approval of combining the two (2) leases. The City attorney recommends that this be accomplished by amending the Kerrville Air (SfiS Aviation) lease to facilitate common ownership such time as both leases are owned by R.R. Woodward Enterprises, Inc., but not thereafter. RECOMMENDED ACTION That the third amendment to the (S&S Aviation) Kerrville Air Inc. lease be approved with County Court concurrence. to for ~3 ~] S853AMD.CTY THIRD AMENDMENT S & S AVIATIGN LEASE DATED MAY 28, 1985 This Third Amendment to that certain lease by and between CITY OF KERRVILLE and COUNTY OF R^cRR, Lessor, and S b S AVIATION, INC., Lessee, dated May 28, 1985, recorded Vol. 4i9 page 57, Real Property Records of Kerr County, Texas, as follows: I. This lease was amended by "First Amendment" dated August 15, 1985, Vol. 479, page 101; by "Addendum No. 1", dated July 12, 1988, Vol. 479, page 107, and on February 24, 1989 such lease was assigned to R. R. WOODWARD ENTERPRISES, INC. IZ. New Paragraph 38 "Common Ownership" is hereby added to such lease: 38. Common Ownership. At the time of execution of this Amendment, these premises formerly owned by S d S AVIATION, and the adjoining premises, formerly owned by KX AVIATION, are now under the common ownership of R. R. WOODWARD ENTERPRISES, INC. As long as these premises and such adjoining premises remain under common ownership, but not thereafter: a. Lessee is not required to comply with the mandatory services set forth in Paragraph 11 of the original lease. b. Any requirements for improvements or tangible personal property may be satisfied by including those located upon, or used in connection with, the said adjoining premises. c. The local manager provision of Paragraph 12 may ba satisfied by considering the local manager responsible for the said adjoining fixed base operation. 1 s 31, S8S3AMD.CTY EXECUTED this day of LESSOR: CITY OF KERRVILLE By: Edd R. Turner, Mayor COUNTY OF KERA By: Danny R. Edwards County Judge KERRVILLE-KERB COUNTY JOINT AIRPORT BOARD Stephen T. Drane, Chairman APPROVED AS TO FORM: Thomas S. Terrell City Attorney STATE OF TEXAS COUNTY OF KERB LESSEE: 7989. R. R. WOODWARD ENTERPRISES, INC. By: R. R. Woodward, President ATTEST: Secretary This instrument was acknowledged before me on the day of 1989, by EDD R. TURNER, who is the Mayor of the City of Renville, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and pursuant to a resolution of the City Council of the City of Kerrville, Texas. GIVEN UNDER MY HAND AND SEAL Or^ OFFICE this day of _._ __ _, 1909. Notary Public, State of Texas Printed name My Commission Expires: 2 „~ 7 i ti~ 58S3AMD.CTY STATE OF TEXAS COUNTY OF HERR This instrument vas acknowledged before me on the day of 1989, by DANNY R. EDWAROS, who is the County Judge of Herr County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and pursuant to a resolution of the Commissioners' Court of Herr County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1989. Notary Public, State of Texas Printed Name My Commission Expires:_ ___ _ STATE OF TEXAS COUNTY OF KERR This instrument was acknowledged before me on the day of 1989, by STE?HEN T, DRAN E, who iS the Chairman of the Herrville-Herr County Joint Airport Board, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the authoriCy granted to him by such Board. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 7989. -' Notary Public, Stata of Texas Printed name My Commission Expires: STATE OF TEXAS COUNTY OF HERR This instrument was acknowledged before me on the day of , 1989, by R. R. Woodward, President of R. R. Woodward Enterprises, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFI~ this day of 1989. Notary Public, State of Texas Printed name My Commission Expires: 3 ~~ 3~, j~~ S&S3AMD.Ci'Y /~ THIRD AMENDh1ENT S & 5 AVIATION LEASE DATED MAY 28, 1985 This Third Amendment to that certain lease by and between CITY OF KERRVZLLE and COUNTY OF KERR, Lessor, and S & S AVIATION, INC., Lessee, dated May 2II, 1985, recorded VoI. 479 page 57, Real Property Records of Kerr County, Texas, as follows: I. This lease was amended by "First Amendment" dated August 15, 1985, Vol. 479, page 101; by "Addendum No, 1", dated July 12, 1988, Vol. 479, page 107, and on February 24, 1989 such lease was assigned to R. R. WOODWARD ENTERPRISES, INC. TI. New Paragraph 38 "Common Ownership" is hereby added to such lease: 38. Common Ownership. At the time of execution of this Amendment, these premises formerly owned by S & S AVIATION, and the adjoining premises, formerly owned by KX AVIATION, are now under the common ownership of R. R. WOODWARD ENTERPRISES, INC. As long as these premises and such adjoining premises remain under common ownership, but not thereafter: a. Lessee i.^ ,ot required to comply with the mandatory services set forth ~ Paragraph 11 of the original lease. b. Any requ ements for improvements or tangible personal property may s