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 unanimously approved by a vot• of 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
Gv (.~,
MADE BY: mP ManpPlla OFFICE: city
MEETING DATE: T,.,~R_ rggr TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Approval for RR Ltd. to amend their lease to
provide for 1) subleasine of their facilities to Starflite Corp. and 2) a change in
~' r sa 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 REQUESTED: 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: .Toe Mennella
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is 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
Proposed RR Ltd. Lease Amendment and Proposed Sublease
FOR AGENDA OF: June 25, 19
SUBMITTED BY: Joe Mennel
DATE SUBMITTED: June 20, 1991
CLEARANCES: Joint City-
County Airport Advisory Board
Assistant City Manager ~~(
EXHIBITS: First Amendment to Lease Agreement, Sublease Agreement
AGENDA MAILED T0: RR Ltd., P.O. Box 1187, Kerrville, Tx. 78029 and
Kerr County Commissioners Court, 700 Main St., Kerrville, Tx.
Expenditure Current Balance Amount Account
Required: in Account: Budgeted: Number:
$NJA $ $ ~~
PAYMENT TO BE MADE TO:
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.
~U
wit -
1
lt: (\
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 11 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.
~l
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.
By:
Sheila L. Brand,
City Clerk
APPROVED:
WALLACE, MOSTY, MACHANN,
J~AC/K//S JON & WyI~L~L~IAMpS
C/W~ ~ / {' ~G~%Gc4 ---
City Attorney
ATTEST
By:
Leonard Holloway, Mayor
COUNTY OF KERR
By:_
Name:
Title:
ATTEST:
CITY OF KERRVILLE
APPROVED:
ty Attorney
RR LTD., a Texas limited
partnership
By: SHELTON RANCH CORPORATION,
General Partner
By:,
Name:
Title:
By:
W. F. RHODEN, General Partner
-2-
`t ti
By:
JOHN H. DUNCAN, General Partner
By: EQUUS CORPORATION
INTERNATIONAL, General Partner
By:
SAM P. DOUGLASS, Chairman
of the Board
By: PERRY GAS COMPAPdIES, INC.,
General Partner
By:
Name:
Title:
T~T,.,n~n
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.
39EDMbq
KERRVILLE-KERR COUNTY JOINT
AIRPORT BOARD
By:
Name:_
Title:
-3-
~. ~ ~j
BOARD OF AVIATION
Charles D. Nash, Austin, Chairman
Ken Kelley, Amarillo, Vice Chairman
Stephanie Roberta, Tyler, Secretary
Walker H. Baxter, Wnlaco
William M. (Bill) Knowles, Palnkine
Elton Ruak, Waring
EXECUTIVE DHtECTOR
C.A. (Clay) Wilkins
P.O. Box 12807
410 East Fifth Street
Austin, Texa 78711
b12 478-9282
b12 479-0294 FAX
Texas Department of Aviation
June 27, 1991
The Honorable Danny R. Edward
County Judge, County of Kerr
Kerr Courthouse
Kerrville, Texas 78028
~~ ~~
~ ~ JU
0 `.~ ~ j 1991,
Dear Judge Edwards:
We are pleased to return to you the completed Amendment to the Airport Project
Participation Agreement between the County of Kerr and the Texas Department of
Aviation.
If you have any questions concerning the document, or if we can be of assistance
to you, feel free to contact me or the project manager, Jahn Wepryk.
Sincerely,
Elizabeth A. Peters
Administrative Technician
cc: John Wepryk
TEXAS DEPARTMENT OF AVIATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(State and Federally Assisted Airport Development)
TDA Project No.: 91/11-4-1
Amendment to the Agreement
WHEREAS, the City of Kerrville and the County of Kerr, hereinafter
referred to as the "Sponsor", and the TEXAS DEPARTMENT OF AVIATION,
hereinafter referred to as the "Department," have entered into an Airport
Project Participation Agreement 91/11-4-1, executed by the Sponsor on the
May 11, 1990, for the development of the Kerrville Municipal Airport; and
WHEREAS, it is in the mutual interest of the Sponsor and the Department
to amend said Airport Project Participation Agreement at this time;
NOW, THEREFORE, in consideration of the parties' mutual promises,the
following amendment to the Airport Project Participation Agreement shall
become effective upon execution of this Amendment by the Sponsor and the
Department.
The Airport project Participation Agreement has been amended to include
the following: the sponsor shall furnish a Resident Project Representative
(RPR) to assist the Engineer in observing the performance of the work of the
Contractor. Services of the RPR shall be in accordance with Exhibit A,
Duties, Responsibilities and Limitations of Authority of the Resident
Project Representative attached to and made a part of this Amendment to the
Airport Project Participation Agreement.
Page 1 of 3
The above amendment to the Airport Project Participation Agreement
between the City of Kerrville and the County of Kerr and the TEXAS
DEPARTMENT OF AVIATION is hereby mutually agreed to and accepted by,
STATE OF TEXAS
TEXAS DEPART~)ENT OF AVIATION
~ ~/, A
By~~+~ '
Gycir4.5c~a~e8o-Pouq ~ Pu~DrRecyae
Date: ~Zl~Ci //, /~i~i /
(Seal)
Executed this /y day of ~r„ce, 19 ~.
The Citv of Kerrville, Texas
(SPONSOR)
Attest: ~ ~~ -, f ,- 1~c~~ BY:~-c
~/K La ro,-~ Leo,~or ~ / o oW
Title: ~ ~ Title• '/
L_.'h: ~'/Prk 7
Cxecuted this ~~ day of `--~ rz~~ 19 `y/ .
(Seal)
The County of Kerr• Texas
(SPONSOR)
Attest: ~ By: ~ = ~( ,~~~ ~
Title: ~~ C~cl/J/~-r ~~~~t,~-- Title: C~~Y ~~~~s~-C' ~~ -
Page 2 of 3
Attorney General's Approval
This contract is approved as to form.
Attorney General of Texas
--~ r ,
By: o
Assis ant Attorney General
6- to - ~-
Page 3 of 3
EXHIBIT A
DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
General.
Resident Project Representative (RPR), will act as directed by and under the
supervision of the Engineer, and will confer with the Engineer regarding RPR's
actions. Resident Project Representative's dealings in matters pertaining to the
on-site work shall in general be only with the Engineer and Contractor(s),
keeping the Agent and Sponsor advised as necessary, and dealings with the
subcontractors shall only be through or with the full knowledge of the
Contractor(s). Written communications with the Agent and Sponsor will be only
through or as directed by the Engineer. The Agent shall pay Sponsor for services
of the Resident Project Representative at the rate of 517.12 per hour or any
portion thereof. Such payment include all direct salary costs, indirect salary
costs, fringe benefits, and the cost of said services shall not exceed
540.000.00.
Duties and Responsibilities.
Resident Project Representative will:
I. Schedules. Review the progress schedule, schedule of shop drawing
submission and schedule of values prepared by the Contractor(s) and consult with
the Engineer concerning their acceptability.
2. Conferences. Attend preconstruction conferences. Arrange a schedule
of progress meetings and other job conferences as required in consultation with
engineer and notify in advance those expected to attehd. Attend meetings, and
maintain and circulate copies of minutes thereof.
Liaison.
a. Serve as the Engineer's liaison with the contractor(s)
superintendent(s) and assist the superintendent in understanding the intent of
the Contract Documents. Assist the Engineer in serving as the Sponsor's liaison
with the Contractor(s) when the Contractor's operations affect the Sponsor's on-
site operations.
b. As requested by the Engineer, assist in obtaining from the
Agent additional details or information, when requested at the job site for
proper execution of the work.
Shop Drawings and Samples.
a. Receive and record date of receipt of Shop Drawings and
samples, receive samples which are furnished at the site by the Contractor(s),
and notify the Engineer of their availability for examination.
b. Advise the Engineer and Contractor(s) or its superintendent
immediately of the commencement of any work requiring a Shop Drawing or sample
substitution if the submittal has not been approved by the Engineer.
5. Review of Work, Rejection of Defective Work, Inspection and Tests.
a. Conduct on-site observations of the work in progress to assist
the Engineer in determining if the work is proceeding in accordance with the
Contract Documents and that completed work will conform to the Contract
Documents.
b. Report to the Engineer whenever the RPR believes that any work
i s unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or does not meet the requirements of any inspections, tests or
approval required to be made or has been damaged prior to final payment; advise
the Engineer when he believes work should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or approval.
c. Verify that tests, equipment and systems startups and operating
and maintenance instructions are conducted as required by the Contract Documents
and in the presence of the required personnel, and that Contractor maintains
adequate records thereof; observe, record and report to the Engineer appropriate
details relative to the test procedures and startups.
d. Accompany visiting inspectors representing public and other
agencies having jurisdiction over the Project, record the outcome of these
inspections and report to the Engineer.
6. Interpretation of Contract Documents. Transmit to Contractor(s) the
Engineer's clarification and interpretations of the Contract Documents.
7. Modifications. Consider and evaluate Contractor's suggestions for
modifications in Drawings or Specifications and report them with recommendations
to the Engineer.
Records.
a. Maintain at the job site orderly files for correspondence,
reports of job conferences, Shop Drawings and sample submissions, reproductions
of original Contract Documents including all addenda, change orders, field
orders, additional Drawings issued subsequent to the execution of the Contract
Documents, progress reports, and other project related documents.
b. Keep a daily diary or log book, recording hours on job site,
weather conditions, data relative to questions of extras or deductions, list of
visiting officials and representatives of manufacturers, fabricators, suppliers
and distributors, daily activities, decisions, observations in general and
specific observations in more detail as in the case of observing test procedures.
Send copies to the Engineer.
c. Maintain on a current basis a set of project drawings marked
to show the work as actually constructed and assist the Engineer in the
preparation of Record Drawings from the information on these marked drawings.
d. Records names, addresses and telephone numbers of all
Contractors, subcontractors and major suppliers of materials and equipment.
9. Report.
a. Furnish the Engineer periodic reports as required of progress
of the work and Contractor's compliance with the approved progress schedule and
schedule of Shop Drawing submissions.
b. Consult with the Engineer in advance of scheduled major tests,
inspection or start of important phases of the work.
c. Report immediately to the Engineer upon the occurrence of any
accident.
10. Payment Requisitions. Review applications for payment with
Contractor for compliance with the established procedure for their submission and
forward them with recommendations to the Engineer, noting particularly their
relation to the schedule of values, work completed and materials and equipment
delivered at the site but not incorporated in the work.
11. Certificates, Maintenance and Operation Manuals. During the course
of the work, verify that certificates, maintenance and operation manuals and
other data required to be assembled and furnished by contractor are applicable
to the items actually installed; and deliver this material to Engineer for his
review and forwarding to the Agent prior to final acceptance of the work.
12. Completion.
a. Before the Engineer issues a Certificate of Substantial
completion, submit to Contractor(s) a list of observed items requiring completion
or correction.
b. Conduct final inspection in the company of the Engineer, Agent,
Sponsor, Contractor(s) and other interested parties and prepare a final list of
items to be completed or corrected.
c. Verify that all items on final list have been completed or
corrected and make recommendations to the Engineer concerning acceptance.
C. Limitations of Authority.
Except upon written instructions of the Engineer, Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Documents or
approve any substitute materials or equipment.
2. Shall not exceed limitations on the Engineer's authority as set forth
3
in the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor(s),
subcontractors or Contractor's superintendent, or expedite the work.
4. Shall not advise on or issue directions relative to any aspect of the
means, methods, techniques, sequences or procedures of construction unless such
is specifically called for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and
programs in connection with the work.
part.
6. Shall not authorize the Sponsor to occupy the Project in whole or in
7. Shall not participate in specialized field or laboratory tests.
4
AIRPORT PROJECT PARTICIPATION
AGREF,~7T - AD~IDP4ENT TO THE
AGREII~fVT
Dated June 19, 1991