ORDER N0. 20939
APPROVAL OF LEASE TERMINATION AGREEMENT
IN CONCURREPdCE WITH THE CITY OF KERR
WITH TEX-APPRAISE AT THE CITY/COUNTY AIRPORT
On this the 26th day of May 1992, upon motion made by Commissioner
Lackey, seconded by Commissioner Holekamp, the Court UNANIMOUSLY
APPROVED BY A VOTE 'OF 4-0-0, to terminate the Lease Agreement
in concurrence with the City of Kerrville, with Tex-Appraise at
the City/County Airport and authorization of the County Judge's
Signature on Termination Agreement.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: R„r~,, T ~,.UA~,
MEETING DATE: rtay 26, 1992
OFFICE: Commissioners' Court
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Approve lease termination agreement, in concurrence
with the City of Kerrville, with Tex-Appraise at the City/County Airport.
EXECUTIVE SESSION REQUESTED: YES NO x
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: commissioner Pct. liz
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 Monday: 12:00 P.M. previous Wednesday
THIS	REQUEST	RECEIVED	BY:	is
THIS	REQUEST	RECEIVED	ON :	5/20/92 ~ 9:30 am
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.


KERRVILLE, TEXAS
May 15, 1992
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Mr. Butch Lackey, Kerr County Commissioner/
Ex-officio Member of Airport Advisory Board
Subject: Termination of Lease with TexAppraise at City/County
Airport
Dear Butch:
During the March 18, 1992 Joint City/County Airport Advisory
Board meeting, I was asked to initiate an Agreement for Termi-
nation for the TexAppaise Lease at the City/County Airport. I
have had the city attorney draft the Termination of Lease
Agreement. It was presented and passed by the Kerrville City
Council at their May 12, 1992 meeting (original enclosed).
Please put this on the next County
for their consideration and return
also included the agenda bill which
the May 12, 1992 meeting. I hope
if you have any questions, please d
me. I will be glad to make a pres
sinner's Court should you desire.
Commissioner's Court agenda
to me when signed. I have
was sent to Council for
it is self-explanatory, but
o not hesitate to contact
entation before the Commis-
As always I appreciate your help.
Director of Public Services/
Airport Manager
Sincerely,
~_~~~~
Randy Thomas
RT/ls
Enclosure
800 JUNCTION HIGHWAY • KERRVILLE, TEXAS 78028-5069 • 512/257-8000
TERMINATION OF LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, by Lease Agreement ("Lease") dated January 3, 1991,
the CITY OF KERRVILLE and the COUNTY OF KERR, as Lessor, leased to
TEXAPPRAISE, INC., a Texas corporation, as Lessee, a plot of land
of approximately 2.066 acres at the Louis Schreiner Field,
Kerrville Municipal Airport, more particularly described in Exhibit
"A" attached hereto and made a part hereof for all purposes; and
WHEREAS, Article III, Paragraph 6 of the Lease provides that
the Lessee's failure to begin substantial progress toward
construction of improvements within one (1) year constitutes a
waiver of the Lessee's rights under the Lease and a termination of
the Lease; and
WHEREAS, Lessee requested an extension of the time frame for
completion of improvements but such request has been denied by the
Lessor under the terms of the Lease; and
WHEREAS, the Lessor and Lessee have agreed to enter into this
Termination of Lease Agreement to reflect termination of the Lease
and the rights, duties and obligations of the parties thereunder;
NOW THEREFORE, for a sufficient consideration received by
each, the undersigned Lessor and Lessee do hereby covenant,
stipulate and declare that (A) Lessee has waived its rights under
the Lease and the Lease has terminated in its entirety and (B)
neither the Lessor nor the Lessee shall have any further rights,
duties or obligations under the Lease.
EXECUTED AND
~, 1992.
DELIVERED effective
LESSOR:
as of the / z day of
CITY OF KERRVILLE
By.
JO ERRING, JR., ay
COUNTY O/F KERR
By: (~ ~ f(LL-t-
W. G. A Y, Cou y Judge
LESSEE:
TEXAPPRAISE, INC.
By:
BILLY SNOW, President
APPROVED $Y TBE KERRVILLE/
KERB COUNTY JOINT AIRPORT
BOARD
By:
Chairman
APPROVED AS TO FORM:
WALLACE, MOSTY, MACHANN,
JACKSON & WILLIAMS
E. DWAINE MACBANN Date
City Attorney
\~
THE STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me on this the / z
day of , 1992, by JOE HERRING, JR., Mayor of the City of
Kerrville, o behalf of the City of Kerrville.
? M"y~ BHEILA IDAENE BRANp /Lti~~ ~~~n_ ~a-.,rd/
~®~ ~ATE~ ~ Notary Pubic, State of Texas
'~M ~ waasao~,.r~aa,aao
-2-
THE STATE OF TEXAS §
COUNTY ,OE' K~RR §
' This iast~~ment was acknowledged before me on this the 26th
day-~of May..`' , 1992, by W. G. STACY, County Judge of the
County of Kerr; on behalf of the County of Kerr.
`• PATRI IA D , ounty Clerk
`.,'•., ~ BY ~ Oil. i/, deputy
,. ,'°-~" ~~~ Stat of Texas
~. t ,
Esther R. Garza
THE STATE OF TEXAS $
COUNTY OF KERB $
This instrument was acknowledged before me on this the
day of , 1992, by ,
Chairman of the KERRVILLE/KERR COUNTY JOINT AIRPORT BOARD.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me on this the
day of , 1992, by BILLY SNOW, President of TEXAPPRAISE,
INC., a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
C138\67M1
-3-

FIELD NOSE DESCRIPTIDN
2.066 ACRES
Being a tract ^F 1=_nd containing 2.066 acres in the W.Ji. Pruitt Surveu
Ne. 1521, Kerr County, Texas and being part ^F Tract 5 ^F a certain
survey plat prepared by Curtis 'Frank Hicklen in 1°87 Far the City OF
Kerrville and being morn parL-icularly described by metes and bcurds as
Follows:
HEGINNING at an iron rod Found in the north right of way line ^F
Taxiway Delta for the southw_st comer of of said Tract 5 and the
scuthwest corner eE the herein described tract; the northeast corner
of said Survey No. 1521 heirs N 76 deg. 2`t' E 752.5 Feat, N 00 dog.
O1' `i0" E 660.6 Feet, S 65 deg. 56' 33" E 279.u Feet, East 583 Feet
and South 5 Eeet Erom said iron rod;
THENCE with east line of Tract 4 of said Hicklen surveu plat end the
west line of said Tract 5, N 13 deg. `;3' 20" W, '}00.03 Feet t^ an iron
rod Found For a re-entrant corner of said Tract 5 and For the
northwest corner eE the herein described tract;
1
:HENCE through the interior cF =_aid Tract S,"'N 76 deg. 2't' E, -c=__=.00
Ee.t to an iron rod sat For th°_ northeast corner aF the herein
described tract;
~ T1;ENCE continuing thraueh the interior of said Iract 5, S 13 dec. ~?'
~ c0" E, 'i00.03 Feet t^ an iron rod sat in the north right of way line
OF 1aX'_Wcy Delta FCr the SOLtheaSt.COrner eE the heroin descrl_e~:;
trZCt;
' t
TJiENL"E with L-hc south line eC said Tract 5 and the Werth right eE way
line cF Taxiway 0°lta, S 76 de?. 2'f' W, 225.00 Eeet to the.FDINi OF
6EGIl`JNING and containing 2.066 acres, mare or Tess, Within then=_ r;=_~es
and bounds.
Exhibit "q"
" h ~.1 ~ ~a ~.~ c~~cU
BUSINESS OF THE CITY COUNCIL
CITY OF KERRVILLE, TEXAS
R10-31-90
SUBJECT: Termination of Lease with Tex-Appraise at City/County
Airport
FOR AGENDA OF: May 12, 1992 DATE SUBMITTED: May 7, 1992
SUBMITTED BY: Director of 2 T CLEARANCES: City Attorney
Public Services
EXHIBITS: Minutes of March 18, 1992 for Kerrville-Kerr County
Joint Advisory Board, Termination of Lease Agreement
AGENDA MAILED TO: Mr. Ri11y Snow, TexAppraise, Inc., 1021 Main
Street, Kerrville, TX 78028
APPROVED FOR SUBMITTAL BY CITY MANAGER:~~
Expenditure Current Balance Amount Account
Required: in Account: Budgeted: Number:
$ N/A $ N/A $ N/A ~ N/A
PAYMENT TO BE MADE TO: N/A
APPROVED FOR SUBMITTAL BY ASSISTANT CITY MANAGER:
SUMMARY STATEMENT
During the March 18, 1992 Joint Airport Board meeting, a variance
to the TexAppraise lease was discussed, TexAppraise went into a
lease at the airport for office space January 3, 1991. They were
requesting a variance to the section of their lease which requires
that construction begin within one year. According to the lease
if construction had not commenced within one year (January 3,
1992), the lease is considered terminated. After the matter was
discussed with the Airport Board, it was mutually agreed that the
lease be terminated. Based upon the recommendation of the city
attorney, the attached termination agreement will need to be ap-
proved by the respective bodies and TexAppraise. This document
was drafted and has been reviewed by the city attorney.
RECOMMENDED ACTION
Staff recommends the lease termination agreement be approved by
Council. These documents will then be forwarded to TexAppraise
and the county for their concurrence. A copy of the TexAppraise
Iease will be provided by Public Services should any Council mem-
ber desire to review it.
3~
STATE OF TEXAS
COUNTY OF KERR
CITY OF KERRVILLE
On Wednesday, March 18, 1992, the Kerrville-Kerr County Joint
Airport Advisory Board met at 5:00 p.m., in the City Hall
Council Chamber, 800 Junction Highway, Kerrville, Texas.
PRESENT
Stephen Drane
Dr. John Davis
Dale Gregory
James Murphy
Randy Thomas
Clay Henckel
E. Dwaine Machann
Lolly Montes de Oca
Vice-Chairman
Member
Member
Ex-officio, City Council
Dir. Public Services/Airport Mgr.
City Street Superintendent
City Attorney
Recording Secretary
ABSENT
Ruth Priest
Bill Goertz
Butch Lackey
VISITORS
John G. Davis
Carlton S. Davis
Carol Postert
Billy Snow
Chairperson
Member
Ex-officio, County Commissioner
111 Crockett Dr., Kerrville, Tx.
Kerrville Aviation, Inc.
Kerrville Aviation, Inc.
TexAppraise Inc.
Vice-chairman Stephen Drane called the meeting to order.
APPROVAL OF MINUTES
Upon motion made by Dr. John Davis and seconded by Dale
Gregory, the minutes of the regular meeting of February 12,
1992, were approved as presented.
DISCUSSION OF AIRPORT ZONING BOARD
Jay Lyons, of the Texas Department of Transportation (TXDOT),
advises that as a condition of receiving state financial
assistance, an airport sponsor shall adopt and enforce
comprehensive airport zoning regulations to restrict the use of
land and the height of structures adjacent to or in the
immediate vicinity of the airport. TXDOT has provided all the
necessary documentation for accomplishing this task. E. Dwaine
Machann, City Attorney, informed the board that the proper
documentation did not exist for the creation of the Kerrville -
Kerr County Joint Airport Advisory/Zoning Board, as required by
TXDOT. It will be necessary to have the existing board resign,
have the City and County each appoint two members, then have the
members appoint a fifth member as chairperson. The
advisory/zoning board will then appoint a zoning commission to
enact the required ordinances. After some discussion, the board
agreed that all members would submit resignation letters to the
airport manager, Friday, March 20, 1992, to expedite city and
35
comity action; and that the advisory and/or zoning board should
be made up of the same members. Mr. Drano will contact Mr.
Goertz to inform him of this matter, Mr. Thomas will advise Ms.
Ruth Priest.
DISCUSSION OF LEASE VARIANCE REQUEST BY TEXAPPRAISE, INC.
In a letter dated 3/12/92 to Randy Thomas, E. Dwaine Machann,
City Attorney, stated it appeared that the landlord, if it so
desired, could grant an extension of the time frame for
a commencement and completion of the improvements, if supported by
a valid excuse. A different question is raised with respect to
the waiver of rental payments for the two-year period of time.
t He believed serious questions existed as to whether the city
t and/or county could lease this land temporarily for no
'consideration. Therefore, unless he is requested to research
r this issue further, he would recommend that the rent not be
• suspended. Dr. Davis asked Mr. Snow for his opinion. Mr. Snow
stated that in light of all the technicalities presented, he
-would be agreeable with whatever the board decided. After some
discussion, Mr. Snow formally requested termination of the
lease. He did not want the city to incur any further expenses
} researching this matter. Dr. John Davis made motion that a
! recordable termination of the lease be executed by the
respective parties, and to note this was done in mutual
{ agreement; and if TexAppraise, Inc. comes back to renegotiate a
t lease in the future, it should be remembered that Mr. Snow made
timely payments and every effort in good faith to make this
project work. Mr. Dale Gregory seconded the motion, all members
present voted in favor.
EXPIRING TERMS FOR RUTH PRIEST STEPHEN DRANE AND DALE GREGORY
As part of business discussed earlier referencing the
establishment of an airport zoning board, all airport advisory
board members will submit resignation letters by Friday, March
20, 1992.
REPORT OF RIBBON CUTTING/GRAND OPENING FOR RW 12/30 EXTENSION
Carol Postert of Kerrville Aviation, Inc., reported a good turn
out for the ribbon cutting ceremony. It was stated that
approximately 73 people attended the function. i•Is. Postert
inquired as to the procedure for getting permission to use the
Kerrville Municipal Airport logo for different vendors to use
during the 50th anniversary events. The board informed Ms.
Postert that all requests and/or recommendations for ideas,
funds, etc., should come from the committee planning the 50th
anniversary celebration. Requests should be put forth to the
board for recommendation to the airport sponsors. The sponsors
will then formally approve or deny requests. Mr. Murphy, City
Council Ex-officio, asked the committee to keep good records of
the expenditures incurred.
UPDATE OF CURRENT PROJECTS/STAFF REPORT
Runway 12/30 Bump - a letter to TXDOT has been sent
2
~3 Ei
providing information and concerns regarding this situation.
TXDOT officials will schedule an inspection of the runway
depression. City staff continues to search for someone with the
necessary equipment to do an infra-red type of asphalt overlay.
A local contractor will consider doing the work if the entire
runway is done. There may be difficulty finding someone willing
to take the liability of a partial overlay.
Aerial photos - Mr. Thomas has made contact with a couple of
firms and believes it is possible to get the desired aerial
photos and stay within the budgeted amount for this project.
Spur 535 - Due to the current funding situation for the Texas
Department of Highways and Public Transportation, it will be
difficult for them to get this project off-the-ground. If the
board desires to pur::ue this project it may be more feasible to
petition the aviation division of the department of
transportation for funding the roadway.
HEAR VISITORS
John G. Davis informed the board of some advertising ideas he
plans to recommend to the airport sponsors for the 50th
anniversary celebration. Dr. Davis said the board supported the
ideas presented, and reiterated they should be directed to the
board in a formal request for approval from the airport
sponsors.
ADJOURNMENT
With no further business at hand, Dr. John Davis moved for
adjournment, Dale Gregory seconded, meeting adjourned at 5:55
p.m.
A PROVED
Stephen Drone, Vice-chairman
Kerrville - Kerr County
Joint Airport Board
Lolly Montes de Oca
Recording Secretary
3
37
ORD~ ~' 20939
~TT.ON
~TAti OF LE~EC[3R~CE ynTli
AFPRO ~ SN SON ~,~ ~I'EX'
O~OE~V,~ CI`T'Y/AUNTY
AppgpT.5E
~RpQRT
MaY 26, 1992
Vol 5 page 62~