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ORDER NO. 20410
APPROVAL OF RR LTD. TO AMEND
THE RR LTD CONTRACT
On this the 25th day of July, upon motion made by
Commissioner Holekamp, seconded by Commissioner Morgan the
Court un•nimou~ly •pprov~d by • vot• o! 4-0-0, to accept the
amended contract as stipulated in the first amendment to the
lease agreement. See attached copy.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
(ti (.S
MADE BY: .Tae Mennella
MEETING DATE: .t„i~ R~ 1991
OFFICE: city
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Approval for xx Ltd. to amend their lease to
provide for 1) subleasing of their facilities to Starflite Corp. and 2) a change in
"use" clause from private hangar facility to allow for aircraft sales, brokering of
aircraft sales. air taxi service, air frame and power plant repair,etc. and 3) the
option for future request to allow for non-public fuel and oil dispensing for owned,
leased and contracted brokered aircraft.
EXECUTIVE SESSION REDUESTED: YES ~ NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
5 minutes
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT
Joe Mennella
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 1s as follows:
~ Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON
is
6/24/91 ~ 1:30 pm
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
R10-31-90
BUSINESS OF THE CITY COUNCIL
CITY OF KERRVILLE, TEXAS
SUBJECT: Proposed RR Ltd. Lease Amendment and Proposed Sublease
FOR AGENDA OF: June 25, 19 DATE SUBMITTED: June 20, 1991
AGENDA MAILED T0: RR Ltd., P.O. Box 1187, Kerrville, Tx. 78029 and
Kerr County Commissioners Court, 700 Main St., Kerrville, Tx.
SUBMITTED BY: Joe Mennel CLEARANCES: Joint City-
County Airport Advisory Board
Assistant City Manager ~~(
EXHIBITS: First Amendment to Lease Agreement, Sublease Agreement 1
APPROVED FOR SUBMITTAL BY CITY MANAGER:.Ju-~
Expenditure Current Balance Amount Account
Required: in Account: Budgeted: Number:
$N/A $ $ ~~
PAYMENT TO BE MADE T0:
APPROVED FOR SUBMITTAL BY THE ASSISTANT CITY MANAGER:
SUMMARY STATEMENT
At the Joint City/County Airport Advisory Board meeting of June 19,
1991, the board favorably considered a request from RR Ltd. to amend
their lease to provide for 1) subleasing of their facilities to
Starflite Corporation and 2) a change in the "use" clause from
private hangar facility to allow for aircraft sales, brokering of
aircraft sales, air taxi service, air frame and power plant repair
and radio, instrument and propeller repair, all as provided in the
airport policies and standards and the sale of aircraft parts, and
3) the option for future request to allow for non-public fuel and
oil dispensing for owned, leased and contracted brokered aircraft.
RECOMMENDED ACTION
That the RR Ltd. contract be amended as stipulated in the first
amendment to lease agreement.
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FIRST AMENDMENT TO LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, the City of Kerrville and the County of Kerr, as
Lessor, and RR Ltd., a Texas limited partnership, as Lessee,
entered into that certain Lease Agreement (the "Lease") dated
1980, covering 3.32 acres of land and a roadway
and taxiway easement (the "Leased Premises") at the Louis
Schreiner Airport in Kerr County, Texas; and
WHEREAS, RR Ltd. desires to sublet the Leased Premises to
Starflite Corporation, a Florida corporation; and
WHEREAS, in connection with the sublease, Starflite Corpo-
ration requires a change in the "Use" provisions of the Lease;
NOW THEREFORE, in consideration of the premises and the
covenants and conditions herein contained, Lessor and Lessee
hereby agree as follows:
1. Amendment to Use Clause. Paragraph I1 of the Lease is
hereby deleted in its entirety and the following is
inserted in lieu thereof:
"Lessee's use of the Leased Premises shall be limited
to the following: Aircraft Sales; the brokering of
Aircraft Sales; Air Taxi Service; Airframe and/or Power
Plant Repair; and Radio, Instrument or Propeller
Repair, all as provided in the Airport Policies and
Standards, referenced below, and the sale of aircraft
parts.
The parties acknowledge that Lessee hereafter may
request Lessor's consent to an additional use for
"Non-Public Aircraft Fuels and Oil Dispensing Service",
as provided in the Airport Policies and Standards, with
such use modified to permit Lessee to fuel not only
aircraft owned or leased by Lessee but also aircraft
being brokered for sale under a contract with the owner
of the aircraft. Any such amendment to use shall be
subject to the prior written consent of Lessor and the
Kerrville-Kerr County Joint Airport Board. Such
consent will not be unreasonably withheld."
2. Consent to Sublease. Lessor hereby consents to the
sublease of the Premises .from RR Ltd. to Starflite
Corporation.
~1
No Implied Consent and No Release. Consent by Lessor
to the Sublease shall not be construed as a consent to
any future assignment or subletting or as a release or
impairment of any of the obligations of RR Ltd. as
Lessee under the Lease.
Except as herein expressly provided, the Lease is and shall
remain in full force and effect in accordance with its terms.
Executed and delivered effective as of the day of
1991.
ATTEST:
By:
Sheila L. Brand,
City Clerk
APPROVED:
WALLACE, MOSTY, MACHANN,
JACKSON & WILLIAMS
l~ ~ i~
City Attorney
ATTEST
CITY OF KERRVILLE
By:
Leonard Holloway, Mayor
COUNTY OF KERR
By
Name:
Title:
APPROVED:
ounty Attorney
RR LTD., a Texas limited
partnership
By: SHELTON RANCH CORPORATION,
General Partner
By:
Name:
Title:
By•
•W. F. RHODEN,
-2-
~~
~,
neral Partner
By:
JOHN H. DUNCAN, General Partner
By: EQUU5 CORPORATION
INTERNATIONAL, General Partner
By:
SAM P. DOUGLASS, Chairman
of the Board
By: PERRY GAS COMPAPJIES, INC.,
General Partner
By:
Name:
Title:
JOINDER
The Kerrville-Kerr County Joint Airport Board, in its
advisory capacity, hereby consents to the foregoing First
Amendment to Lease Agreement.
Executed as of the day of 1991.
KERRVILLE-KERR COUNTY JOINT
AIRPORT BOARD
By
Name : _
Title.
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