ORDER NO 26978 FIFTH LEASE ADDENDUM/ BETWEEN KX AVIRTION 8 CITV-COUNTY OF KERR Upon this the 23rd day of April ^cQ~01, upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the Coiar•t unanimously approved by a vote of 4-0-0, the Rssignment and Assumption of lease agreement between KX Aviation as lessee and City of Kerrville and County of N.err- as lessor. Same records have been reviewed by the County Attorney's office and they have no objections. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred He ~ ~ OFFICE: Count} Judge MEETING DATE: Apri123, 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approving Assignment and Assumption of lease agreement and a Fifth Lease Addendum to that certain lease agreement between KX Aviation as Lessee and the City of Kerrville and the County of Kerr as Lessor. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASUN) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ASSIGNMENT AND ASSUMPTION STATE OF TEXAS )( COUNTY OF KERR )( THIS ASSIGNMENT AND ASSUMPTION, executed and delivered as of the 23'd day of ~r~l 2001, by and between KERRVILLE AVIATION, INC., a Texas business corporation ("Assignor'), and JLK ENTERPRISES, LTD., a Texas Limited Partnership ("Assignee"): RECITALS WHEREAS, Assignee desires to acquire all of Assignor's right, title and interest in and to the below described lease agreements and amendments and addendums thereto, subject to the terms and conditions of this Assignment and Assumption; and WHEREAS, Assignor desires to transfer, assign, convey and set over all of Assignor's right, title and interest in and to the below described lease agreements and amendments and addendums thereto to Assignee, subject to the terms and conditions of this Assignment and Assumption; and KX Aviation Lease Aoreement WHEREAS, the City of Kerrville, a Municipal corporation located in Kerr County, Texas, and COUNTY OF KERR, TEXAS, hereinafter collectively called "Lessor", and KX Aviation, Inc., a Texas corporation, as Lessee, entered into that certain Lease Agreement dated August 4, 1983, a copy of which has been heretofore furnished to Assignee; and WHEREAS, on November 14, 1983, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "First Amendment to Lease Agreement", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on October 29, 1984, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "KX Aviation Lease -Second Amendment", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on November 29, 1984, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "KX Aviation Lease -Third Amendment", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on July 15, 1986, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "Fourth Lease Addendum (1986)", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on October 15, 1986, said Lease Agreement and amendments and addendum thereto were assigned to R. R. Woodward Enterprises, Inc., pursuant to that one certain Assignment and Assumption by and between KX Aviation, Inc. and R. R. Woodward Enterprises, Inc. and consent thereto by the City of Kerrville, County of Kerr and Kerrville-Kerr County Joint Airport Board dated February 14, 1989; and WHEREAS, on August 3, 1987, the Lessor in said Lease Agreement and R. R. Woodward Enterprises, Inc. entered into a "Fifth Lease Addendum (1987) R. R. Woodward Enterprises, Inc./City-County', and WHEREAS, on December 31, 1996, said Lease Agreement and amendments and addendum thereto were assigned to Kerrville Aviation, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Aviation, Inc. and R. R. Woodward Enterprises, Inc. S & S Aviation Lease Agreement WHEREAS, on May 28, 1985, Lessor and S & S Aviation, Inc., a Texas corporation, as Lessee, entered into that certain Lease Agreement dated May 28, 1985, copy of which has been heretofore furnished to Assignee; and WHEREAS, on August 15, 1985, Lessor in said Lease Agreement and S & S Aviation, Inc., as Lessee entered into an "S & S Aviation Lease -First Amendment", a copy of which has been heretofore furnished to Assignee; WHEREAS, on July 12, 1988, the Lessor in said Lease Agreement and Kerrville Air, Inc. entered into an "Addendum No. 1 to Lease Agreement" wherein the name of S & S Aviation, Inc. was changed to Kerrville Air, Inc., a copy of which has been heretofore furnished to Assignee; and 2 WHEREAS, on February 24, 1989, said Lease Agreement and amendment and addendum thereto were assigned to R. R. Woodward Enterprises, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Air, Inc. and R. R. Woodward Enterprises, Inc. and consent thereto by the City of Kerrville, County of Kerr and Kerrville-Kerr County Joint Airport Board dated February 14, 1989; and WHEREAS, on April 26, 1989, the Lessor in said Lease Agreement and R. R. Woodward Enterprises, Inc. entered into a "Third Amendment S & S Aviation Lease dated May 28, 1985", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on December 31, 1996, said Lease Agreement and amendment and addendum thereto were assigned to Kerrville Aviation, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Aviation, Inc. and R. R. Woodward Enterprises, Inc. (The Lease Agreements and amendments and addendums thereto described in the foregoing Recitals shall be collectively hereinafter referred to as the "Lease Agreements"). AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing recitals and the agreements and covenants herein set forth, together with the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of which is hereby confessed and acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, SET OVER and DELIVER unto Assignee, Assignee's successors and assigns, without warranty or recourse, express or implied, and upon the terms and provisions set forth herein, the Lease Agreements, and all of the rights, benefits and privileges of Assignor thereunder, but subject to all terms, provisions, conditions, reservations and limitations set forth in the Lease Agreements. In connection therewith, and without limiting the generality of the foregoing, but in addition thereto, Assignor expressly ASSIGNS 3 and TRANSFERS to Assignee any and all claims, causes of action and rights of Assignor in, to and under the Lease Agreements, without warranty or recourse, express or implied, and with the understanding that such Lessor has consented to this Assignment and Assumption in writing. The parties understand and agree that by execution and acceptance of this Assignment and Assumption, Assignee hereby assumes all of Assignor's liability and agrees to perform all of Assignor's duties and obligations under the Lease Agreements. The parties further agree that, after the date hereof, Assignor shall have no further liability to discharge or perform any duty or obligation or comply with any term, covenant, condition or agreement set forth in the Lease Agreements. In connection therewith, Assignee covenants and agrees to promptly discharge and perform all such duties and obligations and comply with all terms, covenants, conditions and agreements set forth in the Lease Agreements. In connection therewith, on and after the date hereof, Assignee hereby indemnifies and agrees to save and hold harmless Assignor from and against any and all loss, damages, liability, claims, or causes of action of any nature whatsoever arising out of or related to the Lease Agreements or Assignee's failure to perform any of the duties or obligations under the Lease Agreements, whether accrued or unaccrued, asserted or unasserted, known or unknown. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 4 IN WITNESS WHEREOF, Assignee and Assignor have caused this Assignment and Assumption to be executed as of the a3 day of ~)/~.~,~ , 2001. ASSIGNOR: KERRVILLE AVIATION, INC. ATTEST: Secretary By Robert R. Wo ward, President ASSIGNEE: JLK ENTERPRISES, LTD. By: JLK MANAGEMENT, L.L.C., General Partne By: , oseph L. Kenned Jr., Member APPROVED AS TO FORM AND CONSENTED TO: CITY OF KE RVI f By: ' / Date: q I C4 1 It or COUNTY OF KERR, TEXAS By/~ is County Judge . /~~ 1 ~~ Kevin B. Laughlin City Attorney Date: y~~ 3 ,/cs / Date: 7 ~'Ly Ju ~ I^A.i~A ~~^-c~o.+~ Dater ~ p~1 Printed Name: 'T'„s.,; s ~..~.cos ASS}, County Attorney 5 THE STATE OF TEXAS )( COUNTY OF KERR )( This instrument was acknowledged before me this ~7 day of 2001, by Robert R. Woodward, President of Kerrville Avia ion, Inc., a Texas business corporation, as the act and deed of said corporation and in the capacity therein stated. '::x~nv,'' D(4NE 41. G'3Er'„ ~ ' : ~ „(~,__•~*~ Notary Puh~k. ``axa v. v.av A °°~'.j;; ~~.*~ SETrEId~_.'i 16 :9(:. YK' Y ... a YP&-''.:4H9H'L^'t.'~+ F.+'s~~aTCb'-:3.•..:. ... ~G~~~'u~ ~ ~1~~~ Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS )( COUNTY OF KERR )( This instrument was acknowledged before me this of 7 day of 2001, by JOSEPH L. KENNEDY, JR., Member of JLK MA AGEMENT, L.L.C., as the act and deed of said JLK MANAGEMENT, L.L.C. and in the capacity therein stated. A ' ~ :~'•: notary nut ~ o'a' •' Notary Public in and for the State of Texas AgreemenVAssignASSU m p My Commission Expires: 6 ASSIGNMENT AND ASSUMPTION STATE OF TEXAS )( COUNTY OF KERR )( THIS ASSIGNMENT AND ASSUMPTION, executed and delivered as of the ~ day of 2001, by and between JLK ENTERPRISES, LTD., a xas Limited Partnership ("Assignor"), and JOSEPH L. KENNEDY ENTERPRISES, LTD., a Texas Limited Partnership ("Assignee"): RECITALS WHEREAS, Assignee desires to acquire all of Assignor's right, title and interest in and to the below described lease agreements and amendments and addendums thereto, subject to the terms and conditions of this Assignment and Assumption; and WHEREAS, Assignor desires to transfer, assign, convey and set over all of Assignor's right, title and interest in and to the below described lease agreements and amendments and addendums thereto to Assignee, subject to the terms and conditions of this Assignment and Assumption; and KX Aviation Lease Agreement WHEREAS, the City of Kerrville, a Municipal corporation located in Kerr County, Texas, and COUNTY OF KERR, TEXAS, hereinafter collectively called "Lessor", and KX Aviation, Inc., a Texas corporation, as Lessee, entered into that certain Lease Agreement dated August 4, 1983, a copy of which has been heretofore furnished to Assignee; and WHEREAS, on November 14, 1983, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "First Amendment to Lease Agreement", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on October 29, 1984, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "KX Aviation Lease -Second Amendment", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on November 29, 1984, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "KX Aviation Lease -Third Amendment", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on July 15, 1986, the Lessor in said Lease Agreement and KX Aviation, Inc. entered into a "Fourth Lease Addendum (1986)", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on October 15, 1986, said Lease Agreement and amendments and addendum thereto were assigned to R. R. Woodward Enterprises, lnc., pursuant to that one certain Assignment and Assumption by and between KX Aviation, Inc. and R. R. Woodward Enterprises, Inc. and consent thereto by the City of Kerrville, County of Kerr and Kerrville-Kerr County Joint Airport Board dated February 14, 1989; and WHEREAS, on August 3, 1987, the Lessor in said Lease Agreement and R. R. Woodward Enterprises, Inc. entered into a "Fifth Lease Addendum (1987) R. R. Woodward Enterprises, Inc.lCity-County", and WHEREAS, on December 31, 1996, said Lease Agreement and amendments and addendum thereto were assigned to Kerrville Aviation, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Aviation, Inc. and R. R. Woodward Enterprises, lnc. WHEREAS, on April 23, 2001, said Lease Agreement and amendments and addendum thereto were assigned from Kerrville Aviation, Inc. to JLK Enterprises, Ltd. S & S Aviation Lease Agreement WHEREAS, on May 28, 1985, Lessor and S & S Aviation, Inc., a Texas corporation, as Lessee, entered into that certain Lease Agreement dated May 28, 1985, copy of which has been heretofore furnished to Assignee; and WHEREAS, on August 15, 1985, Lessor in said Lease Agreement and S & S Aviation, Inc., as Lessee entered into an "S & S Aviation Lease -First Amendment", a copy of which has been heretofore furnished to Assignee; 2 WHEREAS, on July 12, 1988, the Lessor in said Lease Agreement and Kerrville Air, Inc. entered into an "Addendum No. 1 to Lease Agreement" wherein the name of S & S Aviation, Inc. was changed to Kerrville Air, Inc., a copy of which has been heretofore furnished to Assignee; and WHEREAS, on February 24, 1989, said Lease Agreement and amendment and addendum thereto were assigned to R. R. Woodward Enterprises, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Air, Inc. and R. R. Woodward Enterprises, Inc. and consent thereto by the City of Kerrville, County of Kerr and Kerrville-Kerr County Joint Airport Board dated February 14, 1989; and WHEREAS, on April 26, 1989, the Lessor in said Lease Agreement and R. R. Woodward Enterprises, Inc. entered into a "Third Amendment S & S Aviation Lease dated May 28, 1985", a copy of which has been heretofore furnished to Assignee; and WHEREAS, on December 31, 1996, said Lease Agreement and amendment and addendum thereto were assigned to Kerrville Aviation, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Aviation, Inc. and R. R. Woodward Enterprises, Inc. WHEREAS, on April 23, 2001, said Lease Agreement and amendment and addendum thereto were assigned from Kerrville Aviation, Inc. to JLK Enterprises, Ltd. (The Lease Agreements and amendments and addendums thereto described in the foregoing Recitals shall be collectively hereinafter referred to as the "Lease Agreements"). AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing recitals and the agreements and covenants herein set forth, together with the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of which is hereby confessed and acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, SET OVER and DELIVER unto Assignee, 3 Assignee's successors and assigns, without warranty or recourse, express or implied, and upon the terms and provisions set forth herein, the Lease Agreements, and all of the rights, benefits and privileges of Assignor thereunder, but subject to all terms, provisions, conditions, reservations and limitations set forth in the Lease Agreements. In connection therewith, and without limiting the generality of the foregoing, but in addition thereto, Assignor expressly ASSIGNS and TRANSFERS to Assignee any and all claims, causes of action and rights of Assignor in, to and under the Lease Agreements, without warranty or recourse, express or implied, and with the understanding that such Lessor has consented to this Assignment and Assumption in writing. The parties understand and agree that by execution and acceptance of this Assignment and Assumption, Assignee hereby assumes all of Assignor's liability and agrees to pertorm all of Assignor's duties and obligations under the Lease Agreements. In connection therewith, Assignee covenants and agrees to promptly discharge and perform all such duties and obligations and comply with all terms, covenants, conditions and agreements set forth in the Lease Agreements. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, Assignee and Assignor have caused this Assignment and Assumption to be executed as of the day of 2001. ASSIGNOR: JLK ENTERPRISES, LTD. By: JLK MANAGEMENT, L.L.C., General Partner BY~ ~ .~ ~itlltztLc/1..~~0 . moose L. Kennedy, Jr., vlember 4 ASSIGNEE: JOSEPH L. KENNEDY ENTERPRISES, LTD. By: JLK MANAGEMENT, L.L.C., General Partner Jfo es ph L. Kennedy, Jr., ember APPROVED AS TO FORM AND CONSENTED TO: CITY OF K LLE By: -~ Date: Its M yor /Z Z o COUNTY OF KERR, TEXAS By: Its County Judge ~~ ~ ~~~~ Kevin B. Laughlin City Attorney ~ vG2~~ Pr rated Name County Attorney Date: ~ G Date: (o~ ~o / Date: 6~ 7i00 ~~~ 5 THE STATE OF TEXAS )( COUNTY OF KERR )( his instrument was acknowledged before me this ~(' day of 2001, by JOSEPH L. KENNEDY, JR., Member of JLK MANAGEM NT, L.L.C., as the act and deed of said JLK MANAGEMENT, L.L.C. and in the capacity therein stated. ;aar:yff,- NANCY BIRO _;~.~.~? MY COMMISSION EXPIRES 'a,:E"- SePtember8,2pp1 Agreement/ASSignAssu mp Notary Public in d for the State of Texas My Commission Expires: c~~ ~ I 6 CONSENT TO ASSIGNMENT The undersigned City and County hereby consent to the assignment of those certain leases as described on the attached Exhibit "A". from KERRVILLE AVIATION, INC. to JLK ENTERPRISES, LTD. Effective upon the closing of the sale by and between KERRVILLE AVIATION, INC. and JLK ENTERPRISES, LTD., the undersigned hereby releases KERRVILLE AVIATION, INC. from all covenants and obligations contained in the leases. SIGNED this 23`-d day of /'TpYI ~ , 2001. CITY OF KERRVILLE By: ~-~ is ayor COUNTY OF KERR County Judge KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD G~~' By: ~1 airman AgreementlAssignConsent EXHIBIT "A" KX Aviation Leases 1. That certain Lease Agreement by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and KX AVIATION, INC., as Lessee, dated August 4, 1983, Governing the leased premises described therein. 2. That certain First Amendment to Lease Agreement by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and KX AVIATION, INC., as Lessee, dated November 14, 1983, and recorded in Volume 289, Page 365 of the Deed Records of Kerr County, Texas. 3. That certain Second Amendment to Lease Agreement by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and KX AVIATION, INC., as Lessee, dated October 29, 1984. 4. That certain Kx Aviation Lease -Third Amendment by and between CITY OF KERRVILLE and COUNTY OF KERR, as Lessor, and KX AVIATION, INC., as Lessee, dated November 29, 1984. 5. That certain Fourth Lease Addendum (1986) by and between CITY OF KERRVILLE and COUNTY OF KERR, as Lessor, and KX AVIATION, INC., as Lessee, dated July 15, 1986. 6. That certain Fifth Lease Addendum (1987) by and between CITY OF KERRVILLE and COUNTY OF KERR, as Lessor, and KX AVIATION, INC., as Lessee, dated August 3, 1987. S & S Aviation Leases 1. That certain Lease Agreement by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and S & S AVIATION, INC., as Lessee, dated May 28, 1985, covering the leased premises described therein. 2. That certain S & S Aviation Lease -First Amendment, by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and S & S AVIATION, INC., as Lessee, dated August 15, 1985. 3. That certain Addendum No. 1 to Lease Agreement, by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and S & S AVIATION, INC., as Lessee, dated July 12, 1988. EXHIBIT "A" 4. That certain Third Amendment S & S Aviation Lease dated May 28, 1985, by and between CITY OF KERRVILLE and COUNTY OF KERR, TEXAS, as Lessor, and S & S AVIATION, INC., as Lessee, dated April 26, 1989. EXHIBIT "A" 2 r, )`• FIFTH LEASE ADDENDUM (1987) R. R. WOODWARD ENTERPRISES, INC./CITY-COUNTY This addendum to that certain lease agreement between KX Aviation as Lessee and the City of Kerrville and the County of xerr as Lessor, said lease dated August 4, 1983, to-wit: 1. Paragraph 26 of said original lease agreement of August 4, 1983 is hereby deleted, and the following paragraph 2fi is substituted in lieu thereof, to-wit: "26. Notices. All notices, demands, requests, or other instruments which are required or permitted to be given under this Lease shall be deemed given and received on the first of the following to occur: (i) the day actually received by the party to receive same; (ii) the first day which is neither a Sunday nor legal holiday following the day on which actually delivered, by mail or otherwise, to the below specified address of the party to receive the same; or (iii) the third day which is neither a Saturday, Sunday nor a legal holiday following the day on which same is mailed, certified or registered mail, postage prepaid, addressed to the below specified address of the party to receive same. If the Lessee is the party to receive such notice, demand, request or instrument, then the addressee and address for Lessee shall be: R. R. Woodward Enterprises, Inc. P. O. Box 630 Kerrville, Texas 78029-0630 and Kerrville Aviation 7875 Airport Loop Road Kerrville, Texas 78028 If Lessor is the party to receive such notice, demand, request or instrument, then the addressee and address for Lessor shall be: City Ha 11 Attention: City Manager 800 Junction Highway Kerrville, Texas 78028 Approv d ty Ciry Council Dale: .,C~, -"f ~ 7 Volume ~~ Page /iC_ Either party may change such addressee or address by notice to the other party as provided hereunder." 2. Paragraph 35 of the original lease agreement dated August 4, 1983 is hereby deleted, and the following paragraph is substituted in lieu thereof, to-wit: "35. Death of Principal. In the event of the death of Robert R. Woodward, principal, Lessee, upon six (6) months' written notice, may terminate this lease." EXECUTED this 3 day of _ ~r ~,~ . A. D. 1987. LESSOR LESSEE f CITY OF KERRVILLE R. R. WOODWARD ENTERP ESr INC. BY• ~ BY• -Title:. /a o~ RO R. D sident ~~',/~-J-~4, 1 ~S2o~S COD KERR F Ti't le{ DA~Ay X GDW KZOC CoLL r~ Tu OGC THE STATE OF TEXAS § THE COUNTY OF KERB § This instrument was acknowledged before me on//this the day of ~; "" " s~- .yam, 1 987, by (' h„~ Dz i I? 'fns--ve-+z , who is the ~,~, of the City of Kerrvill in the ca oacity therein stated, a pursuant to the resolution of the City Council of the City of Kerrville, Texas. /~ Notary Public Sta t/e of Tex s / Printed Name of Notary Commission expires: /-7.5'-.U~i THE STATE OF TEXAS § THE COUNTY OF KERR § This instrument was acknowledged before m~/ on this the "~ day of , 1987, by !7 /}nl n~ U ~ ~IG1 /a 21J S , who is the ~~ ,f~of Kerr Cou ty, Texas, in the capacity therein stated, nd pu uant to an order of the Commissioners Court of Kerr County, Texas. Notary Public State of Texas ~, 5.9 ~1 i>C-e, Printed Name of Nota Commission expires: G --r 2 J'. THE STATE OF TEXAS § THE COUNTY OF KERR § This Snstrument was acknowledged before me on this the /Ctir day of ~/,//r?~ , 1987, by ROBERT R. WOODWARD, President of R. R. WOOD ARD ENTERPRISES, INC., a Texas corporation, as the act and deed of said corporation and in the capacity therein stated. // Y~ t~ /~ /.~f G~ .di Not ry Public State of Texas ,LUP_A Y/~ L ~ Printed Name of Notary Commission expires: C-//-?19 S> ORDER N0. 17374 APPROVAL OF FIFTH LEASE ADDENDUM (1987) - R. R. WOODWARD ENTERPRISES, INC./CITY-COUNTY, TO LEASE AGREEMENT BETWEEN KX AVIATION AS LESSEE AND THE CITY OF KERRV ILLF, AIQD COUNTY OF KERR, LESSOR, DATED AUGUST 4th, 1983 On this the 23rd day of July 1987, upon motion made by Commissioner Ray, seconded by Commissioner Holland, the Court unanimously approved a Fifth Lease Addendum (1987) - R. R. WOODLPARD ENTERPRISES, INC./CITY-COUNTY, to that certain lease agreement date3 August 4th, 1983 between KX Aviation as Lessee and the City of Kerrville and the County of Kerr as Lessor, by deleting Paragraphs 26 aad 35 of original lease agreement, and substituting ne~a paragraphs-26 and 35 to the addendum. It is further ordered by the Court that County Judge Da my R. Edwards be authorized to execute said fifth lease addendum on behalf of Kerr County, subject to concurrence by the City of Kerrville. ~~ ~~ ~~ ~~_ ~- ~~ ,~ :~.~ ,, ~~~ ~~ , ,;, _~ ,~;, ,.,~ THE STATE OF TEXAS I COUNTY OF KERR 1 Z, PATRICIA DYE, Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDER N0. 17374 passed by the Commissioners' Court on the 23rd day of Ju1v A. D. 19 ~7 as the same appears of recor~as m`a nifest, of the Pfi nutes of the Commissioners' Court of Kerr County, Texas. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office at Kerrville, Texas, on th is 24th day of Julv n. D• 1987. PATRICIA DYE Clerk of the County Court and E:c-Officio Clerk of the Cotemii ss Toners' Court of I:err County, Texas LYSa' i:San9emanrtt}, Deputy \\ ._` ~ 1/ ~ _ ~?~ ORDER N0. 1686] .~\~j \ CONSENT TO ASSIGNMENT OF LEASE AGREEi1E 41T DATED AUGUST-/ 4th, 1983 AND AMENDMENTS TtIERETO, FRONT KX AVIATION, IC:C. TO R. R. WOODWARD ENTERPRISES, INC., A TE;{AS CORPORATION On this the 8th day of October 1986, upon motion made b}• Commissioner Higgins, seco rded by Commissioner Guthrie, the Court unanimously approved a CONSECIT TO ASSIGNMENT OF LEASE AGREEMENT, consenting to Assignment of Lease, by and between the City of Kerrville and the County of Herr, Lessor, and~KX Aviation, Inc,. by John Miller, Jr., President, Lessee, and amendments thereto, such assignment being from KX AVIATION, INC. to R. R. WOODWARD ENTERPRISES, INC., A TEXAS CORPORATION, controlled by Robert R. Noodward, as approved by the City of Kerrville, with the exception that the conditions attached (letter dated October 7th, 1986 by City Attorney Thomas 5. Terrell) be amended to provide for a general release of all claims by KX AVIATION, INC. It is further ordered by the Court that County Judge Morriss be authorized to execute said Consent to Assignment on behalf of Kerr County. ~~; ~ ~ .~~;,,, ~'~ i~~ /;,J ~ - ,~~'Lr..~ ,G`~L, i`l ~~ , 1 ~ ~ ~~~ J S ~ , L 6;~ I ~` Y ~ !~ i) ~ ) . ~ y am, . ~ _ ~ .'~ } ' ?? j ~ W y v Spy y'tG ~ r F 1 .. & '! ~~f'1F1 dAV ~ ~~ n.~WH~b~/M ~f!S.kC~+F' r ... .4._ _ . __ } ; . . t _ n _ _ _ p, y 1 'HOMAS S TERRELL ATTOPNEV AT LAW .1] $,ONF~ O~KER K ERFl VILL E, iE%AS ]BQ28 October 7, 1986 Mr. David Jackson Attorney At Law 829 Jefferson Kerrville, Texas 78028 J7. 169u-_~/1 RE: KX Aviation to R.R. Woodward Enterprises Dear Mr. Jackson: I am enclosing herewith a form of consent which the City has authorized the Mayor to sign. The original executed consent will be delivered at closing upon the following conditions. .-1. Payment of all due ad valozem taxes. ~2. Delivery ~of certificate, and policy of insurance showing that 'P Urch aser has the insurance requited by the lease agreement. G~ 3. KX Aviation and John Miller, Jr. release all past 2W and £utur claim$ h@ ma gave ~3. KX Aviation pays $ unpaid car rental fees to the Airport Fund. 5. The City-County pay KX Aviation $~.,3Ssa0.i. in General Funds for the release. Yours very truly, c- -~ Thomas S. Ter TST/nc k ~, !' j ~ .. ~ , E ?7 , - .. ; ` . ., x ,? . TFIE STATE OF TEXAS COUNTY OF KERR I, PATRIC IA DYE, Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDER N0. 16863 passed by the Commissioners' Court on the 8th day of October A. D. 19 86 as the same appears of record as manifest, of the Minutes of the Commissioners' Court of Kerr County, Texas. IN TESTIMONY WHEREOF, I have of office at Kerrville, Texas A. D. 1986 hereunto set my hand and seal on this 8th day of October , ~~~~ ~~ PATRICIA DYE Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas Hy Deputy -\\ - ~ ,l ;~ CONSGNT 'PO ASSSGIJ hfEDIT LEASE AGRE GMENT KX AVIATION, AUGUST 4, 1983 AS AD7£T1DED The Undersigned Ci t-y and County hereby consent to the assig~unent of that certain lease dated August 4, 1983, and amendments thereto, from KX Aviation, Inc. to A. R. P:o odward Enterprises, Inc., a Texas Corporation controlled by P.obert li. Woodward. ~ ;_ S uclt Purchaser Assignee is hereby notified of the following: 1. "KX Aviation has failed to comply with its letter agreement dated July 14, 1966, with reference to a fire alarm system. Such letter agreement is attached hereto. The city-County expects any new owner to comply with such obligation." 2. "The 1983 lease to Ki: Aviation provides in paragraph 13 that 'Lessee shall have exclusive use of the unicorn (or subs Ci LUte) for advisory Purposes.' Ttte general advisory frequency license is and has been awned and controlled by others since 1983." t, f:X Aviation has erected a weather tower on land not Covered by the lease. Upon notification by the City-County that the property is required, Lessee will remove the tower, at Lessee's expense, within 30 days. A. The MoGas fuel Lank may be within the utility easement. SIGNliU tlti5 '~ day of ~T r.(i, 1986. AIRPORT~BOARD By ~//~~`.~. i~%~~iJ/~Jti Chairman July 14, 1986 To: City Council City of Kerrville Kerrville, Texas 78028 RE: KX Fire Alarm Systems Gentlemen: I hereby agree as follows: 1, I agree to order fire alarm box for Police Station within 1 day of the date hereof and to have the same physically installed within fifteen days hereof. 2. I agree to order and complete the alarm Installation for the second building (Including physical Instailatlon of the alarm box at the Police Station) within sixty days of the date hereof, Stgned this ~ day of July, 1986. o n i eC~ rv~ ua y and President KX Aviation RELEASE Tk1E STATE OF TEXAS § KNO[! AL?, MELd H'( TIIFSE PFESENTS: THE COUNTY OF KERR § SJHEREAS, THE CT_TY OF KERRVILLE, COUNTY OF KERR and KERRV ZLLE-KERR COUNTY JOINT AIRPORT BOARD ("Lessor") and KK AVIATION, INC. ("KX") have entered into a certain Lease Agreement, dated August 4, 1983 ("Lease"); WHEREAS, KX is concurrently lie rewith assigning the :,ease to R. R. WOODS9ARD ENTERPRISES, INC., and Lessor has consented to such assignment; and WHEREAS, KX and JOHN MILLER, JR. ("Miller") have agreed to release Lessor from any and all claims whatsoever, whether or not arising under and by virtue of ttie Lease, claimed by KX or Miller, as to which XY. or Miller may be entitled to claim; NOW, THEREFORE, KX and Miller have hereby RELEASED, REM iSED, CANCELLED and DISCHARGED, and by these presents do hereby RELEASE, REMISE, CANCEL and DISCHARGE Lessor, and each of them, and their agents, employees and their representatives, from any and all claims, demands, causes of action, debts, liabilities or controversies of any kind whatsoever, c?aimed or held by K:: and/or Miller, or to which they or eit}}er of them may be entitled to, arising prior to the date hereof. Provided that this Release shal] not modify or alter the Lease and its terms anti provisions, nor release any matter or occurrence arising after the date hereof. EY.EC[1TE0 in duplicate originals this /L~ day of October, 19B6. Tf)TTTTl1 Ti TU(` ~L~, ~i .~/u~/r.J ~t 1'4/L'1 Ct~e:e lease 1, THE STATE OF TE1;A5 § THE COUNTY OF KERR § This instrument was acknowledged before me on the ~~ _ day of October, 1986, by JOHN FII LLER, JR., PRESIDENT of KX AVIATION, INC., a Texas corporation, nn behalf of said corporation. Notarrr--~~ Pu61ic, JJS tate of Texas iG~SSGII r~r!'~ (Notary's Printed Name) My Commission Expires: ( -~-g7 THE STATE OF TE:{pS § THE COUNTY OF KERR § This instrument was acknowledged before me on the ~6 ~ day of October, 1986, by ,TORN MILLER, JR. i~/ J~ Notary Publ'c,11 State of Te::as (~.SSG[~ ~~la+ (Notary's Printed Name) My Commission E::pires: ~-2-fC'J 0 AsslcwaENT AND Asso~rnTlorr THE STATE OF TEXAS § KY:OW ALL iiEN HY THESE Pi2ESENTS: COUNTY Oy KERR § THIS ASSIGNDIENT AND ASS U:IP?'ION, executed and delivered as o` the ~lday of October, 19II6, by and between i\X ACS AT ZODI, INC. ("Assignor") and R. R. SYOODFIA RD ENTGF.P RTS GS, INC., ("ASSigne e"); F) I T N E S S E T H: Assignor heretofore entered into those certain Lease Agreements and other Agreements (thc "Leases and Agreements") an more particularly described on Exhibit "A", attached hereto and made a part hereof £or all purposes, copies o_' which have bcen heretofore furnished to Assignee. NOW, THEREFORE, for and in consideration of the premises and the agreements and covenants herein set forth, together with the sum of 1BN DOLLARS (510.00) and other good and valuable consideration this day paid and delivered by assignee to Assignor, the receipt and sufficiency of which is hereby confessed and acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, SET OVER and DELIVER unto Assignee all of the Leases and Agreements, and all of the rig7its, benefits and privileges of Assignor thereunder, but subject to all terms, provisions, conditions, reservations and limitations set forth in the Leases and Agreements; and without limitinc the generality of the foregoing, but in addition thereto, Assignor expressly ASSIGNS and TRANSFERS to Assignee any and all claims, sauces of action and rights of Assignor in, to and under the Lease with the City of Kerrville, et al, and the Amendments thereto described in items 1-S in Exhibit "A," attached hereto, including without limitation any claims, suits or causes of action reiatir~g to the miicom to be furnished b}' Lessor thereunder, with the understanding that such Lessor has consented to this Assignment in writing and that Assignor has released any claims and causes y/ I ~ ~~ of action it may have against said tensor, but with the e>:prec:: understanding that such Release shall not ncdi_y or alter said Leases nor release any matter or occurrence arisinc after this date, and that such Felease is not intended and does not imoair or release any rights, suit, claim or cause of action :elating to the furnishing of the unicorn and the right of the Lessee to the same as provided in the L use, which are hereby ~..sign~d to Assignee, and which Assignee may hereafter enforce and pursue (except only the recovery that could have been obtained by Assignor as to occurrences prior to this date). TO HAVE AND TO HOLD all and singular the Leases and Agreements unto Assignee, Assignee's successors and assigns, upon the terms and provisions set forth herein. Zt is understood and agreed that by accepting this Aosign- ment and'Assumption 'and by Assignee's execution hereoc, Assignee hereby assumes and agrees, after the date hereof, (i) to perform all of the terms, covenants and conditions of the Leases and Agreements on the part of Assignor required to be performed and (i i) to comply with the obligations and covenants thereof; and Assignor shall not be responsible under tl~e Leases or the Agreements for the discharge of such obligation:; after the effective date hereof. It is specifically agreed that Assignor shall not be responsible under the Leases or the Agreement:: for the discharge and performance of any of the duties and obligations to be performed and/or disGia rged by Assignor thereunder after the date hereof, and Assignee covenants and agrees to promptly discharge all obligations under the Lea ~~es and Agreemen is to be performed and/or discharged thereunder after the date hereof. and to indemnify, save and hold ha nnleos Assignor from and against any and all loss, liability, claims, or sauces of action existing in favor of or asserted under the Leases or the Agreements and/or arising out of, or in connection with, or relating to the Leases or the Agreements after the date hereof ,;, ~, and(or Assignee's failure to perform any of the oblications under i i the Leases or the Agreements after the date hereof. All of the covenants, terms znd conditions set forth h_:ein shall be binding upon and shall inure to the benefit of the parties hereto and their respecti~c successors and assigns. ZN•[JITNESS IJIfEREOF, Assignee and Assignor have caused this. +L , Assignment and Assumption to be executed as of the L(o -ca7 of October, 19fl 6. ASSIGNOR: KX A/V RATIO N, INC. John fli ller, Jr.,°President ASSIGNEE: R. R. WOODWARD ENTERPRISES, INC. Hy: / ~ ~~ Robert R. Y:o odward, Presi went 3 i% / %% f TiIE STATl Or TEXAS 5 /i TFIE COUN'f'I OF KERR § This instrument was acknowledged before me this /G day of October, 1986, by JOiSPt WILLEF, JR., PRESIDENT oP KX AVIATION, INC., a Texas corporation, on behalf vY said corporation. /G+-r~....~~ /J /1..~ C:o tory Public, State oY'1'e%as My commission erpires (-2 {f7 ~? ssc// /~+ rear (;JO to ry Print or Type Nance) TFIE STATE OF TEXAS § TI3E COUNTY OI' KERR § This instrument was acknowledged before me on the IG ~ day of October, 1986, by ROBEP.T R. WOODaARD, PRESIDENT of R. A. WOODWARD ENTERPRISES, INC., a Texas corporation, on behalf of said corporation. i2._._~i ~~~ Notary Public,~~//State of Texas Rotary's Printed Name) Fty Commis Sion E;;pi res: b~L-Y7 4 r ExhlBrc~'A'~ 1. That certain Lease Agreement by and between CI'i't OF KERRVILLE and COUNTY OF KERA, TE;G1S, a> Lessor, and n'}: AVIATIOi:, INC., as Le55e6, dated August 4, 1963, covering the Leaned premises described the rc in. 2. That certain Pirst rlm endment to Lease Agreement by and be tween•CIT't OF KERRVILLE and COODITY OF Y.ERii, TE'CAS, as Lessor, and };X AVIA^t ION, INC., as Lessee, dated Lovember 14, 1983, and recorded in Volume 269, Page 365 of the Deed Records of ]:err County, Te>:as. 3. That certain Second Amendment to Lease Agreement by ar,c between CIT'f OF KF.RRVTLLE and COUNTY OF KERR, TE::AS, as Lessor, and KX AVIATION, INC., as Lessee, dated October 29, 1984. 4. That certain XX Aviation Lease - Tlii rd Amendment b•,~ and between CITY OF KERRVILLE and COUNTY OF KERB, an Lessor, and KX AVIATION, INC., as Lessee, dated November 29, 1984, 5. That certain Fourth Lease Addendum (1986) by and between CITY OF KERRVILLE and COUNTY OF KEP.12, as Lessor, and K:< AVIATION, INC., as Lessee, dated July 15, 1986. 6. That certain Lease by and between ALOHA LEASING, a division of The, 'B ennett Funding Group, Inc„ as Lessor, and K:i AVIATIONI, INC., as Lessee, covering a Royal TA 210C Cooier, Serial Number 283537, dated August 27, 19C6. 7. That certain Lease by and between NORTH SUPPLY COhIPANY (by and through KERRVILLE TELEPHONE), as Lessor, and JOHN idILLER, JR. COMPANY, as Lessee, covering telephone system as described therein, dated January 3, 1985. 6. That certain Arinc Station Representative ar.d Facilities Agreement - Station Designator, by and between AERONAUTICAL RADIO, INC., as Lessor, and KX AVIATION, INC., as Lessee, dated hiay 16, 1986, covering ground radio system, together with Service Agreement dated October 23, 1984, by and between AERONAUTICAL RADIO, INC., and KX AVIATION, INC., and Maintenance Agreement by and between AERONAUTICAL F•ADIO, INC. and KX AVIATION, INC., dated July 16, 1989. 9. That certain Aircraft Lease .Agreement by and be t~deen DON BREEDLOVE, as Lessor, and KE P.P.VILLE AVIATION, as Lessee, covering one 1983 Piper Aircraft, Model PA 28-181, Serial No. 8390016, Registration No. N8314E. ORDER NO. 16720 APPROVAL OF FOURTH LEASE ADDENDUM. (1986) BETWEEN THE CITY OF KERRVILLE AND COUNTY OF KERR (LESSOR) AND KX AVIATION (JOHN MILLER, JR J, (LESSEE), TO THAT CERTAIN LEASE DATED AUGUST 4th, 1983 On this the 14th day of July 1986, upon motion made by Commissioner Higgins, seconded by Commissioner Holland, the Court unanimously approved the FOURTH LEASE ADDENDUM (19861 BETWEEN THE CITY OF KERRVILLE AND COUNTY OF KERR (LESSOR) AND KX AVIATION (JOHN MILLER , SR.), (LESSEE), to that certain lease dated August 4th, 1983, subject to concurrence by the City of Kerrville. It is ordered by the Court that the County Judge be authorized to execute said lease addendum on behalf of Kerr County. LEASE ADDENDUd (1986 KY AVIATION - CITY/COUNTY This addendum to that certain lease agreement between the parties dated August 4, 1983, sometimes called the "main lease" as follows: 1. Leased Premises. In addition to the land heretofore leased between the parties, the parties hereby Lease a 0.215 acne tract out of Airport Tract No. 2, more particularly described by metes and bounds by the voe14:e1 field notes dated May 21, 1986 which are attached hereto and incorporated herein by reference. The location o` such 0.215 acre tract is further shown on the "Attachment to KX Fourth Admendment 1986" which is incorporated herein. The 5did tract is designated, Tract 2D. 2. Term. The term under this lease is co-extensive with the main lease. 3. Basic Rental. Lessee shall pay ae basic rental for the leased premises the sum of $19.00 per month, such amount being payable in monthly installments in advance. The first such monthly installment shall be due and payable on the first day of the first calendar month next following the execution of this lease and shall continue thereafter during the lease term. The amount of rent shall be adjusted as provided in the main lease. 4. Revision of Option. In the main lease the Lessor was granted a five year option to lease Tract 2. The description of the land subject to such option is hereby changed such that a 106 foot wide strip running generally North and South (being the Western oz bottom portion of Tract 2) is hereby deleted from the option; but a strip of identical size running along the top or Eastern part of Tract 2 is hereby added to the option. The deleted tract is marked 2B on the attachment. The added tract is marked Tract 2C. This option may not be exercised as to portions Y,~ ! /~s /.~b of the option land. The option must be exercised on tae ~al:o le of the land now subject to the optic n. This opt'_cn may not be exercised in the evert that Lessee is in dcf acct of any provision of the mair. lease or any addendum theretc. --Wher~exerz}sed ~-L-essee--steal-l-be-en~Ci t3 ad-'to -a-nee - I ~j~ arm,-.vPme~.~ upon=the-same--terms-~-rental-and-.arovisior}-es--tne f~c~s3~C5s-e . This option terminates five years from the beginning date of the main lease, August 4, 1983. 5. Same Terms. Except as provided herein, all provisions of the main lease are likewise provisions of this Addendum and are incorporated herein by reference. EXECUTED this the 15 day of July 1986. LESSOR /~ `5~~~'~'"/ 7j/fit ~~ LESSEE CITY OF KERRVILLE /// KX AVIATION, INC. 3Y : .L ~G/" tle: Press t. John Miller, Jr. COUNTY OF KERB BEFORE ME, the undersigned authority, on this day personally appeared Charles P. Johnson who is the Mayor Pro Tem of the City of Kerrville, 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 the resolution of the City Council of the City of Kerrville, Texas. day o >~ Notary Public State of Texas SHEILA LORcNE GRAND Y.OTARY PUBLIg, `°:., _ ~.: i ~ . GIVEN UJpDE$~MY HAND AND SEAL OF OFFICE this the f ____~/fit- L~ - -, 19 8 6 . THE STATE OF TEXAS (Notary s Punted 24ame) THE STATE OF TEXAS _ COUNTY OF KE RR My Commission Expires: BEFORE ME, the undersigned authority, on this day personally appeared (T,,an~.~ S AL.,rRisy who is the County Judge of Kerr County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same £or the purposes and consideration therein expressed, in the capacity therein stated, and pursuant to an order of the Commissioners Court of Kerr County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /S+P., day of .)cL~ 1986. THE STATE OF TEXAS COUNTY OF KERB ~ /fin „ ,f'..1 Notary Public State of Texas L, SgNpc-i (Notary s Prrnted Name) My Commission Expires: 9-i~-d'y BEFORE ME, the undersigned authority, on this day personally appeared john Miller, Jr., who is the President of KX Aviation, 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, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the (~~ day of 1986. //~~ ,+ S2n.7' FV Notary Public State of Texas f~ e ~"~ rs 5(nc~~\~ 3r~~n~ ~, ~/~nIDCL (Notary s Printed Name My Commission Expires: g./o-u . C,~ F\v l` r ~~~~~ ~~. ' 5 i ~z~~ t ~k I ~ ~~~-I.JS~d ,~ to I{{1yI 11~ t` ~F ~ i i i k I~ l~) .,. >> ;n l~ a Y "~ 3W ~~ .~J ,~ ~I Re ~~. ,~ ,o J rt~ow `r, ¢2~ `~ ~.~4 ~cre5 ,,-~ 3 P..Pa ~ ° a Lease 1'i. ~' -- ;,~ ~r.o~.: ~ ~~ .;-4 ~~ NW ;~o~. ~1' it a.M ~t (,~ --- , © I L Pew ° `~ p fir, iC a `'~ ~ n>. N~ g 2 J•~~ J r^--' 1U A ' ~oP N a V C~.t ~~' sv.. . i N i ~ > T ~o ~'l~ i " ,, b r-- _ ~. ~,~~°,~~L . ~, c. + ~ ---_ -- r--- rrt'~°'6O~ f^ rr ~~ ° t d ,rs~v t' ti ,o ,,4 0 9 e+ ~ tCd I ' 300' ~~~~ ~ As~ROPd 1~aP ~~~rary~o~ lam. l~ ~ /~ /f a~Lo ~.~.-e~. ~ ~~sP . _--- -- -- ~ ""~ P..on 4 .c v ~s~cr. L'~..... n+ ~.0 8 c~-- ' ' „-i 'C ~~ ,:,°)b `r^ FIELD NOTES DESCRiPT ION FOtt A 0.21$ ACRE TRACT OUC OP THL K1:RRl'ILLF.- Y.ERR COUNTY AIRPORT, 'iN TIIE CITY OF KERR VIl.LE, KERB COU t~i'i, 'USX.\S He 1ng all of a ter Caln 0.215 acre (9775 sq. fc.), more or less, crate or ,a reel of Land out of 0. V• Robinson Survey No. L4, Aos[ract Na. 282, in [he Clty of Kerrvil lz, Rerr Co un[y, Texas; part of Tr ac[ No. 2 as deslg na [ed on the Leasing Map for the Kzrrvill e-i;e rr County ASr port; and being more particularly described by metes and hounds as folio vs: w a:~ . BEGINNING at an exisCing 1/1." iron stake at the no rrhe ast corner of a concrete pa rking apron for the so u[h we s[ corner of the herein described tract, a reentrant corner of said Tr ac[ No. 2 and the no r[hwe sc corner of a ter to In tr ac[ presently leased co K% Av is tion~ THENCE, upon, over and across said Tract No. 2, N.15 °J8'W., 75.00 fr. co a 1/2" icon stake sec for the northwest corner of the hz rein de sc Abed tract; Tf6!C]CE, mnCin ui ng upon, over aad across said Trae[ No. 2, N.74 °22'E., 75.00 ft. [o a 1/2" iron sCa ke sz[ for [he northeast corner of the herein described cr ac [~ THENCE, concin ui ng upon, over and across said Tract No. 1, 5.15°J6'E., 1?5.00 ft. Lo a 1/2" Iron stake set in the northerly line of said tract now leased by ILK Aviation fax thz southeast corner of the herein de scribed [r act' Tk{ENCE, coacinui ng upon, over and across said Trace No. 2 with the no rchzrly lSne of .l'Y Aviation lease, 5.74 °22'W., 75.00 F[. [o the PLACE OF HE GINN INC. I hereby certify [ha[ these field notes are an accurate description of Che property contained [herein as de [e rmfned by a survey made on [he ground under my direction and supervision, except no survey was made [o reestablish Pa cent Survey lines or corners; and that all property corners are as stated. Dated this 21st day of May, 1986 ~~.... Lee C. Voelk el *' I _ 'i` Reg is[er ed Public Surveyor No. 3909 LEE C. VOELItEL 1 County Surveyor for Kerr County •~~~~•~~~••~~ ~~~ q:•. _ 3909 _ ._!'-,' ,' `l. ~€6C'~6 [II.nJPr74syS'CY°•J B9 RPAlSY{VI III' PRONE 512~~5]-]JI] Z13 CLAY STREET, KERgVILLE, TEXAS ]BO]B THE STATE OF TEXAS COUNTY OF KERR I, PATRICIA DYE, Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and fozegoing is a true and correct copy of ORDER NO. 16720 passed by the Commissioners' Court on the lath day of 1i,1y A. D- 19 86 as the Same appears of ram rd as manrfest, of the Minutes of the Commissioners' Court of Kerr Count}', Texas. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office at Kerrville, Texas, on this lirh day of „tv A. D. 1986. PATRICIA DYE Clerk of the County Court and Ex-Off is io Clerk oC the Commissioners' Court of Kerr Count~y~, Texas ) By ~J,.-, ~~ j ~/{~~~~1%ti/ DorotFiy 'ei p pu ty CI'I'~1/ti;S T;.IRD~l~ /9 /'0.. K:f AVIATION LEASE - THIRD AMEN DfiGNT I TILLS TIiI RU Ah1EN D;~lENT to that certain Lcasc Aq rocment daCed AuyusC 3, 1963, between CITY OC KIiR RVLLLL: and COU::TY OF KERB, Lessor, and KF AVIATION, INC., Lessee, as rollows: I. Paragraph 39, "Public Areas" is amended to read as follows: "39. Public Areas. Lessor shall maintain the runways, taxiways, roads and other public areas owned by Lessor and not Leased to others, in a condition which is the same or better than existing on the date of the original lease (reasonable wear and tear excepted). ZI. Onless amended herein, all provisions of the said original Lease Agreement, the First and Second Amendment thereto, remain in effect. E:dav cf w~CY Fnib i~L 1964. G/~ LI~~~C% //~/.~l4~Cl~l "lI~ Notary b is State of Texas Ni 9 ~µ~ 5 C ,~j ty, n ,: r~i /t~ Lfni ar, ri rt:. i~ei?r~i e; S - ar~6i' KX AVIATION LGASE - SECOND All EItD 4!E[12 T FlIS SGCONU AMECJ D4IE NT to that certain Lease Agreement dated August 3, 1983, between CITY OP KERRVILLE ar.d CO UCiTY OF KER F, Lessor, and KX AVIATION, LNC., Lessee as follows: I. Paragraph 2, "Leased Premises" is amended tc read ,.., follows: "2. Leased Premises. In consideration of the renCS, covenants and agreements hereinafter reserved and contained on the part of Lessee to be paid, observed and performed, Lessor hereby demises and leases to Lessee, and Lessee hereby takes and rents from Lessor, for the term provided below, the tract of real property situated in Kerr County, Texas, described as 'Bract 3, Fuel Site and Easements on Exhibit "A" (amended to show the location of the fuel site) attached hereto and made a part hereof by this reference, hereinafter collectively sometimes called the leased premises, together with all and singular the rights, easements, privileges and appurtenances in anywise belonging under said above-described tracts of land." II. Paragraph 2. B. "Public Ways" is hereby added; ^2. B, Public Ways. Lessor shall have the right, in common with the public and others, to use the public areas, ramps, roads, runways, taxiways and aprons of the Kerrville Municipal Airport." III. Paragraph 31, "Right of First Refusal and Option° is amended to read as follows: "31. O lion. 'A. Lessor hereby grants to Lessee a five (5) year exclusive option to lease Tract 2 described in Exhibit "A,' attached to said original Lease Agreement, upon the same terms, rental and provisions as herein provided; provided that such option is exercisable on written notice to Lessor if Lessee is not in default hereunder. "e. This option terminates five (5) years from August 15, 1983, and thereafter Lessor is free to alienate the said tract in any manner it desires. 'C. To keep this option in effect until exercised, Lessee shall, beginning on November 1, 1984, and continuing thereafter on the first day of each calendar month until the option expires, or Lessee exercises same, or Lessee desires to allow the option to terminate (whichever occurs first), pay to Lessor the amount of $24.50 per month, which shall be zdjustable as provided in Parayraph :.a, of [he origi r.al lease. Failure to make these rental payments tcrr.,i Hates the said option." II. Paragraph 33 G. is amended to read as follows "E. During the second fifteen (15) pear tern, of this Lease, Lessor shall not assess any use or other charges (other than fuel flowace as hereinabove orovidedl which exceed the average of the five airports named in Subparagraph B above; using for conputaticn purposes onl} those named airports which assess the contemplated use er charge. "In the event that under Federal Aviaticr. Administration (FAA) regulations and applicable laws ar.d statutes it becomes permissible and lawful for Lessor to prohibit private fuel operations, then Lessor shall not, directly or indirectly, permit or allow private fuel operations (other than RR Ltd.) at the Kerrville Mu r.icipal Airport. "Lessor, during the term of this lease, shall r.ot cram permits or leases, nor permit operations or services oe or within the Kerrville Municipal Airport, on terms which are more favorable than the terms of this Lease." V. New paragraph 40 "ASSUrances,° is hereby added: "40. Assurances, "A. Lessee, as a part of the consideration hereof, does hereby covenant and agree 'as a covenant running ~ ith the land' that in the event facilities are cc r.s trusted, maintained or otherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance' with all other requirements imposed pursuant to 49CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportion, and as said Regulations may be amended. "B, Lessee, as a part of the consideration hereof, does hereby covenant and agree 'as a covena r.t running with the land' that: (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that ir. the construction of any improvements on, over or under such land and the furnishing of services thereon, no person or: the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, cr otheroii se he subjected to discrimination, (3) that Lessee shall use the premises in compliance with all otter requirements imposed by or pursuant to 49 CFR Part 2., Nondiscrimination in Federally Assisted Programs o. cCe •. ••.+I J~.V/U9/Jwu S%KX SeGV.' .~0 ~: Department of TYanapor[ion, and as said Regulations may be amended." IV. Unless amended herein, all provisions of the said oriyinal Lease Agreement and First Amendment thereto~~rema±n in e£Eect. Z !z ,.~.-G`~,~ 1~s4. EXECUTED this ~_ day of ['% / LESSOR: CITY, OF K-_-i~~~ 6y UJQ A. J.~ rough,, LESSEE: KX AVIATIOti, ZCJC. yJ hn 47. Miller, Jr. President l COUNT CER Go o S. h miss, Cou t Judge KERRVILLE-KERR COUNT J INT AIRPORT O~ I Dy E. M. Anderson, Jr., Chairman APP OVED AS TO FORM: S~~ Thomas S. Terrell, ity Attorney THE STATE OF TEXAS 5 THE COUNTY OF KERR 5 6EeORE ME, the undersigned authority, on this day personally appeared A. J. BROUGH, who is the MAYOR of the CITY OF KERRVILLE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and pursuant to a resolution of the CITY COUNCIL'OF KERRVILLE, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 7~: day of /1i7n1 :~.. r 1984. Notary Public, State of Texas iNbtary s Printed Name) My Commission Expires: /t-ice-T 3 . i. - _.. _..~ ~: Sll THE STATE OP TEXAS § THE COUNTY OP Y, I: R ii § DEFORE MG, the undersigned authority, on this day personally appeared GORDON 5. MORRISS, who is the COUNTY JUUG6 OF P:FRR. COUCITY, TEXAS, known to me to be the person whose name is suhscribed to the foregoing instrument, and acknoi~il edged to me that he executed the same for the purposes and consideration therein expressed, in ttie capacity therein stated, and pursuant to an order of the COMttLSSLONERS COURT OF KERB COUNTY, TEXAS. GIVEN UNDER MY HARD AND SEAL OF C: FSCE, this ^^=,'~. day Gf (U C~E.,. r,~ y 1984. ~~ 7, ~~-c. -Vr G' _ Notary Public, SCa[e of Texas ~. 5 /) nl I~C~ 4. {Notary's Printed Name) My Commission Expires: C. ~~ .~< THE STATE OF TEXAS § THE COUNTY OF KERR § DEFORE ME, the undersigned authority, on this day personally appeared E. !1. ANDERSON, JR., who is the CHAIRMAN OF THE KERRVILLE-KERR 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 the same for the purposes ar. d~ consideration therein expressed, in the capacity therein stated, and pursuant to a resolution of THE KERRVILLE-KERR COUNTY JOItlT AIRPORT BOARD. GIVEN UNDER MY IIA ND AND SEAL OP OFFICE, this ~(• day of /j/G~~~~,~< , 1984. i! Notar Public, State~of Texas Sir,'/ ~ ,h,,,nr~ Notary's Printed Name My Commission Expires: /-,.~-.< THE STATE OF TEXAS § THE COUNTY OP KERR § BEFORE ME, the undersigned authority, on this day personally appeared JOHN W. MILLER, JR., who is PRESIDENT of KX AVIATION, INC., a Texas corporation, known to me to be the person whose name is subscribed to the Foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AS1D--SBAL.~OP OFFICE, this '_9th day of October , 196 nuCary YUD11C, SCdCe OL '1'f Xds ' enrrlcln N. r:>a:LiNa C~ tcvocary•s Printed Namel My Commission Expires: _~~.''-~8~ 4 ___----- ~ ~, ~, ~_~ \~. ~'1 ~ ~'•oti ~ i t t~ ~ ~~ . 660 M1o sv F ~a, ~` _.`- ` ~ °~l ~~ ~. ~' Vte and vnore paid cula~ly desr~tbrd Cy metes and Gounds as Cul]nws: C Li;IY111J:(:, ac the Forth earner oC ~m+c rats .iir:'raft i'"~~kinp, rasp, said point bcin8 loco tcd 4: F.ST, lAS.R ft; Rai rh, 99G (r, 5 7G° 20' 10" IJ, 705.7 Ct; and tJ 17° J6' Ofl" Id, 5110 0 it. i mc. cCe Soo Lh~.: ast co rncr oC Lo[ LG oC lilt Shady Gro•~c Subd l~: isi m+ ., ., ro- co+dcJ in Vol. 1 at page p8 of [he plot rnco rJv nC ho rr County, Te><;ts and 6c ing [Ile lest corner oC the bore-in desc rib rd lee.ccl 'I'IIfNC G, f! 76° 22'00" F., 200.0 Et. ton !i° iron pin set for cite Borth carnet of ibis tract; "i'I1 F.NCIC, 5 13° 39'80" f, 400.0 (t. Lo a !i" i1'on pin set Ibr [tie East corner of this [roc t; '1'Ill'NCE, S ]G° 22'00" IJ, 20(1.0 f[. to an iron piu srt nc the r.!gc of the above re Ce mac ed umcre ce ramp (ur the South conror hemoC; TIU':NCC, P7 LJ° 3fl'00" E, 400.0 f[. to tC ~~ place u( L~~;L,a iul; and containing 1.871 acres oC land more or LOSS. TIt/lCT 2: Itaing a 2.0] An'c tract of IanJ hnu~:n :u: l.ut 2 of ,o~ nui~~co rd,..l subd ivi siun of lbc Louis Sch rc finer Flan is ignl Ai:porc ~•t~t rf t6t• u. 'J. f2ob insnn Su rvoy tJo. 44, Abst ra r.C 287. and being mn n: pat tica'. nrly ~1~•.cr i..cu by metes and I>ouuds ns Col lo+:^,: I4 LS l;ltl(RC, of the mo~;f Ilurth on nror of Lot l0 of tl:r SLnd. ('ro+~r ,.,.I+•liri; ioo .v re- corded in Vnl. 1 of pnp,c !,g of ll:c plat r~.~•~o nls of :~crr G•;: ~,t tv, Teas and being the Snu Uu••es tcrly corner of tl,c tr.-pct herein described; lll[NCF, N IJ° 38' 40" Id, 121.0 ft. co o 'z' iron pin set f•~r [he Nor tbo'esterl}• corner of tl:is Crnct, 'III CNCF., N 76° 21' 2U" f., 97 IG ft. to ^ 'n" itna pin set in tl:a R.O.L. of future 'S\i rpnrL Loop" rna d,;:a (or Cl:r Nor chcastrcly corner hereof; 1'IIENCF., w'i Ih said R.fJ .1`., S UL° 27.' OU" f, 127 88 ft. to a ', iron pin set at the intorr.r[lion n( r:niil „ rporc Lapp t:itb Ci:c a(or emcntimted raada~,q'(W:'. i~:ay Lor the Sou ch ra ;terly co r::cr hereof, III6-NCE, vi th said rn.ulc;ty/t as i:.ny S 76° 21' 2U" 1:, i0,0 ft. to tl:c place of bcl;inn ing and c,~~n.~ininp UI,44H .:rl, ft. of lm,u r:;ne c: .ecs. US iLl'IY 1:'.S EHITJTS A 15.0 ft. Ucil icy 1>a pr:nen l' aetro::: Lut•: 1 anJ 2 of an un rer ordcd r.ubd ivision nC Louis Selo •: incr Flunicil+al Ai rpnrt in 0. V fn.n nsnn Su rvey No. 44, M>stract ZR.'., in Lhr (]icy of Aa r; villr, fa~rr Cuun ty, Texas and more pa rl icul arly doserihrd by metes and Lcunds as Fcllu'.a: 8 f(:1 NNIIJO, at Lbc mUSt Nor Lhc rly corner of the cunt rrtc ramp said corner being also Ute masC IJCatcrty corner oI Il:c nbevc dr:c ribcd Lot 3; 1'II l:NCE, along Lhc No rthr: es tcrly Itnc of said tamp, `; 76° 22' I1, ,100.G C:.; 1J 13° J8' IJ, 15.0 fl; N 7G° 27.' f, 100,0 CC; 5 l3° SR' E, 15.0 ft, and along Ute plo rthucs [cr]y line of said Lot J, S ]G° 2Y 4!, 200 tt. co Cite place of beginning. A 15.0 fC. Ulil icy fa ut such rici~.t may not be c%:erc iced without the consent of !toe ig.n~ce, so long ,: the lien in favor of hiorty ay ee again st ti:e Lease and tl:e tcasehold estate created thereby r~_mai ns outstanding ar:d unreleased and such consent by bfortgagce may Le conditioned eon Lessor permittiny aiortgayec to succeed to the rights of Lessee to the sarroe extent as permitted for a foreclosure by :!oi.tcacee. 6. The tr_rrns and provisions of the Lease are hereby seat Eirmed a;ld the parties agree that the Lease i.s in full force and effect, as amended hereby. EXECUTED as of the day and year first above written. KX 1V ATION, iNC. C- / /~ _ 'IkIE S'1'r~l'E OY TEXIaS § 'fHE COUNTY OF KERR § BEFC'I77.=.~`.J, w1.0 is Ia:e _(~:. ~i_s. ,! , of 7CeTr County,-:fc>:.2„ Y.nown to me Cv L;o the pr r:;on dho;;i na~~lV subscribed to the D.~rogoi_ng instrument, and nc>:'es:,__~j - ~~ THE S'L'ATE OF '1'1dXAS § 'fl1E COUNTY OF KERR § H}:FO72E MF., the undcrs igned authority, nn this day pr_rsor,aPy appeared '~_7,:>. /;,, ,~`, _f_,/2.~ who is the Chairr,:an of the Kerrville-Y.err County Join t~ Airport Dcard, :mown to me to e 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. ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE t:his /(. day of /':+e:~.,o.l.-e.-t/ 1983. Notary Public, State of Texas My commission expires: /_;~-fit T11E STATE OF TEXAS § TI{E COUN'PY OF XERR § I, 6F,YORE ME, the undr_rsiyned authority, on Chis day personally appeared / ,I , -s„ T;~/. L_ ~i t~~ho is the i,%s. _-~,=; .,~ of KX Aviatiun,Inc., a Te::as 4!y co-,mission ~_ :, ires: -~ ~_'~ L51'OPPEG Lii'1"I'!iR November 7i /, 19n3 Dank of Kerrville P. O. Box 192 Kerrville, Tc>:as 790'8 Re: Lease Agrcert',ent, daCCd Auqust 9, i993, by and be t'.:oen KX iwiation, inc., as LecSee (" Lessee") and Cit}' OL FCrrV 111C, r'OUnty Of .:uTT .. n.d SCrrVY11C-.'.'~rY COLT ty JOinC AltpotC GU.Ird, a5 LC S!' C ("L~.::SOr") an d rust Bmendmnnt, elated Novc tuber rj L, 1563, by and .tee t:~.een I.e 55or and Lecsce. Gentlemen: You have advi :ed the undersigned Chat you arc m=k it:g a lean to KX Aviation, 7nc., secured by a lien ceveriny t:he above referenced Lease, as amended 6y the above-referenced First Amendment (the "Lease," which reference shall include said First mendme nt) and all property siCUated en and used in connection with the operation of the Prem_ses leased thereby and you have reques t:ed LhaC the undersigned confirm to you the follo~,ai ny--: 1. 'rhe Lease sets forth the entire agreement of tF.e parties thereto, is in full force and effect in accordance with its terms, and has not been amended, modified or assigned. 2. No offsets or credits against rentals exisE and all rentals payable by KX Aviation, Inc., under the Lease, as of this date have been paid. 3. No default by either party to the Lease nor any yround for cancellation of the Lease exists as of this date. 'rhe foreyoing shall be binding upon and shall inure to the benefit of the undersigned and you, and the other parties to the Lease, and their respective successors and assigns. Very truly yours, C r'rY J?y'JR}:R C ss, CaunLy~u~3e KERB` _LL°-r: RR CbU':TY gyp: ~T AIRPI:?T ~Q"~rD ~~ ~' P.cknowledged and Confirmed: xx r.vl)ATioNJ `N ~` '~~~ ~4 ~Y83 THE SANK OF KERRVILLE By: Date: r E,ruIe~IT n FIELD NOTES FOR LEAS EU PREMISES KX AVIATION, INC. KERRV ILLS, TEXAS 78028 DES CAIPT ION L GSED PREMISES TRACT 1: A 1.84 Acre [roc[ of land known as Lo[ 3 of an un rec urd ed su6d iv ision of Louis Schreiner Municipal Airport out of [he O.V. Robinson Survey, No. 44, Abstract 232, City of Kerrville, Kerr County, Texas and more particularly described by me tcs and bounds as follows: B EL'INN ING, at the North corner of concrete aircraft parking ramp, said pu iut being .L oc3 ted WEST, 185.8 fq Nnr th, 996.Z f[g $ 76' 20' 30" W, 705.7 ft; and N 13° 38' 00" W, 500.0 ft. from the Southwest corner of Lot 16 of the Shady Grave Subdivision as re- corded in Vol. 1 aL page 4fl of the plat records of k;err County, Texas and being the West corner of the here-in described tract; THENCE, N Ib° 22'00" E, 200.0 ft. [o a =5" iron pin se[ for the North corner of [his tract; THENCE, S 13° 39'00" E, 400.0 ft. to a ~" iron pin set for the East corner of Lh is tract; THENCE, 5 76° 22'00" w, 200.0 f[, to an iron pin see at the edge of the above referenced concrete ramp for Che South corner hereof; THENCE, N 13° 38'00" E, 400.0 ft. to the place of beginning and containing 1.837 acres of land more or less. TRACT 2: FUEL STORAGE SLTE A 10,448 square foot tract of land known as a poreion of Lo[ A-6 of an unrecorded subdivision of Louis Schreiner Municipal Airp orC out of W. M. Pru i[[ Survey No. 1921, Abstract 1281, City of Kerrville, Kerr County, Texas and more particularly described by metes and bounds as follows: BEGINNING, at an iron pin set in [he North R.O.W. of a roadway/ taxiway, said point being located West, L85.8 ft; North, 1874.97 ft; S 76° 21'20" W, 197.55 and N 13° 38'40" !J, 60.0 ft, from the Sou [hwest corner of LoC 16 of [he Shady Grove Subdivision as re- corded in Vol. 1 of page 48 of [he plae records of Kerr Coun [y, Texas and being the Southwesterly corner of the tract herein described; THENCE, N 13° 38' 40" W, 125.0 ft. to a `~" iron vin set Eor ehe Northwesterly corner of this tract; THENCE, N 76° 21' 20" E, 97.16 ft. to a ~" iron pin set in the R.O.W, of Future "Airport Loop" roadway for the Northeasterly corner hereof; THENCE, wi eh said R.O.W., S Ol° 22' 00" E, 127.88 ft. to a h" iron pin set at the in tersec Cion of said Airport Loop with the aforementioned roadway/Caxiway for the Southeasterly corner hereof; THENCE, with said roadway/tax iway 5 76° 21' 20" W, 70.0 f[. co the place of beginning and con Cain ing 10,448 sq. fr. of land more or less. EKHIBIT A FIELD NOTES FOR LEASED PRECIIS ES KR AVIATION, INC., KERRV II.LE, TERAS Page 2 UTILITY &15EMENTS TRACT 3: A 15.0 ft. U[il iCy Easement across Lots 1 and 2 of an unrecorded subdivision of Louis Schreiner Municipal Airpocc in 0. V. Pobinson Survey No. 44, Abstract 282, in the Ciry of Kerrville, Kerr County, Texas and mare pa r[icularly described by m.-tes and bounds as follows: B EG INN IN0. at the most Northerly corner of [he concrete ramp said corner being also the most Westerly corner of tl~c above described Lo[ 3; THENCE, along the Northwesterly line of said ramp, S 76° 22' W, 300.0 ft.; N 13° 38' W, 15.0 ft; N 76° 22' E, 500.0 Ft; 5 13° 38' E, 15.0 ft. and along Che Northwesterly line of said Lot 3, S 76° 22' W, 200 Et. [o the place of beginning. TRACT 4: A 15.0 ft. Utility Easement across reserve strip ir4 and Lo[ 5 of an unrecorded subdivision of [.Dais Schreiner Municipal Airport out of 0. V. Robinson Survey No. 44, Abstract 282, City of Kerrville, Kerr County, Texas and more particularly described by metes and bounds as follows: BEGINNING, at the most South eas ce rly corner of [he above described Lot 3; THENCE, N 76° 20' E, 408.2 ft; N O1° 22' W, 15.4 ft; S 76° 20' W, 411.44 ft.; and S 13° 38' E, 15.0 ft. m the place of beginning. OPTION TO LEASE TRACT 5: Being a 2.03 Acre tract of land known as Lot 2 of an unrecorded subdivision of the Louis Schreiner Municipal Airport out of the 0. V. Robinson Survey No. 44, Abs[rac[ 282 and being more particularly described by metes and bounds as follows: BEGINNING. a[ the most Northeasterly corner of Che said concrete ramp and [he Northwesterly corner of the above described Lot 3 for a point in the Southerly line of this tract; THENCE, 5 76° 22' 00" W, 100.00 ft. to a point for the Southwes [erly corner of this tract; THENCE, N 13° 38' 00" W, 294.13 ft. to a point in the Southerly line of an existing roadway/eax Tway for the Northwesterly corner hereof; THENCE, with said roadway/tax iway, N 76° 21'20" E. 300.00 ft. to a point for the Northeasterly corner hereof; THENCE, S 13° 38' 00" E, 294.19 ft. to an iron pin see for the Northeasterly corner of said Lot 3 and the Southeasterly corner of the herein described tract; THENCE, with the Northerly line of said Lot 3, S 76° 22' 00" W, 200.00 ft. to [he place of beginning and containing 2,OZ6 acres of land more or less. RIGHT OF FIRST REFUSAL TRACT 6: Being a 1.35 acre tract of land known as Lo[ 1 of an vn roc orded subdivision of the Louis Schreiner Municipal Airport out of the 0. V. Robinson Survey No. 44, Abstract 282 and being more particularly described by metes and bounds as follows: ERNIeIT A FIELD NOTES FOR LEASED PREhIIS ES KX AVIATION, INC., KERAVIL},E, TIXAS Page 3 Con cinuation of Desc rip[ion for Tract 6 - Right of Firs[ Refusal BEGINNING, at a point in [he Nor ch erly line of the concrete ramp, said point being S 76° 22'00° {J, 1D0.00 ft. from [he No r[hu:escerly corner o£ the above desc rih ed Lot 3 and also being the Sou ihwes cerly corner of the above desc Gibed Lot 2 for the Southeasterly corner of [he [Tact herein described; TH INCE, with said concrete ramp, S 76° 22'00" .J, '-'00.00 f[. [o a point for the Seu [hwes terly corner of this tract; THENCE, N 13° 38' 00" W, 294.09 ft. to a point in [he Southerly line of a roadwayftax iway for the Northwesterly cornet hereof; THENCE, with said roadway taxiway, N 76° 21' 20" E, 200.00 ft. [o a point for the Nor[heas to rly corner of this Crac[; THENCE, S 13° 38'00" E, 294.13 ft. to the place of beginning and containing 1.351 acres of Land more or less. TRACT 7: Being a 1.38 acre tract of land known as Lot 9 of an unrecorded subdivision plat of Louis Schreiner Municipal Airport out of 0. V. Robinson Survey No. 44, Abstrace 282, in the City of Kerrville, Kerr County, Texas and more particularly described by metes and bounds as £ol low5: BEGINNING, at a point in the Easterly line of a concrete ramp, said point being S 13° 38'00" E, 200.00 f[. from the Southwesterly corner of [he above described Lot 3 for the Norehwes ce rly corner of the Cract herein described; THINCE, continue with said ramp, S 13° 38'00" E, 300.00 ft. [o a point for the Sou [hwes [e rly corner hereof; THENCE, N 76° ZZ' 00" E, 200.00 ft. to a paint for the Sou rheas [erly corner of this tract; THENCE, N 13° 38'00" W, 300.00 ft. to a point for the Northeasterly corner of the herein described tract; THENCE, S 76° 22'00" W, 200.00 ft. to the place of beginning and containing 1.377 acres of land more or less. I hereby certify that the above descriptions are [rue and correct representations of actual surveys made on the ground under my supervision. i~ ~j ,2. t ~'2'~~~ J Ne y ~ Oa to R.P.S. 1/1 4 Z6 cc r .`~+......,~. CT`~, ...o. ~ ~/....... .... i`; '.~.. .~ = ~ ~ - ORDER N0. 15148 ORDER AMENDING SECTION 36 C OF LEASE AGRE EPIGNT FOR FIXED BASE OPERATOR, BET[TEEN TlIE CITY OP KERRVILLE AND 1'H F. COUNTY OF KERB, TE}(AS, LESSOR AND KX AVIATION, INC., BY JOFIN t1ILLER, JR., PRESIDENT, LESSEE On this the 19 t11 day of August 1983, upon motion made by Commissioner kli ggins, seconded by Commissioner FIo lland, the Court unanimously approved that Section 36 C of Lease Agree- ment for Fixed Base Operator, between the City of Kerrville and the County of Kerr, Texas, Lessor and KX Aviation, Inc., by John Miller, Jr., President, Lessee, be amended, in that ttie total amount of $54,350.00 previously authorized by the City of Kerrville and the County of Kerr, be not used entire- ly for the taxiway, but that a portion of the amount be used for drainage improvement and a portion to be used for site preparation, subject to concurrence by the City of Kerrville. G <<~~~~ T ,' C ~ Ne~~ :as, and CO UPJ T't 01° 2:Ii PR, 'I'ii XiS, here inaLCer colLec lively called Lessor, and lire umlersigne d. Lessee, hereinafter called Lessee; W I 1' N E s S E T Ii: 2. Leased Premises. In consideration of Ure renLS, covenants and agreements hereinafter reserved and con Ca fined on the part of Lessee to 6e paid, observed and performed, Lessor hereby demises and leases Co Lessee, and Lessee hereby takes and rents from Lessor, for the Ce rn provided below, the tracts of real property situated in xerr Count}', Texas, described as Tract 3 and "Fuel Site" on Exhibit "a" attached hereto and made a part hereof by this reference, and all public areas, ramps, roads, runways, taxiways and aprons of the Kerrville Municipal airport (the use and lease of such public areas to be in common with others), hereinafter collectively sometimes called the "Leased Premises", together wi l-h all and singular the nigh ts, easements, privileges and appurtenances in anywise belonging unto said above-described tracts of land. 2.A. Lessor shall provide to Lessee and its yuests, invitees, representatives and agents, reasonable road access to and from the Leased Prern ises to public roads. Caxiways and public areas, at no additional rent or cost Co Lessee. 3. Term. To have~and to hold, with possession to Lessee of the Leased Pre mi.ses, Par a term of thirty (30) years, beginning on~ `_ C~ 'l, 19D3, and ending at 11:59 p.m. on ~,4 ~,~1 .,'Lr 31, 2013 (hereinafter sometimes called the "Lease Term", which term shall include any rene~+al hereof in accordance with the terms hereof) upon and subject ' ~ L~ , ' ~ ~ ~ , Co the terms, covenonls and condiC,i ons herein sel- forth, unless earlier Cermi.na ted. 4. Rental. A. Dasic Lien tal. Lessee sha 11 pay to L^~sor ate. basic Rental for the Leased Fremises the sum oL P:igh Cy Giyht Dollars ($Dfl.00) per month per acre, or $_~ L ~, `I G' ~ such amount being payable in monthly installmenhs, payable in advance. The first such monthly instalimenC r.hali h0 due and paya bl.e on or before Cfie beginning of the Lcasc Term, and a like monthly ins Ca llment (subject to adjusCments as provided herein) shall be due and payable on or be Lo re the first day o£ each succeeding calendar month during the Lease Term. 0, Adjustments to Rent. As promptly as practi- cable after the end of each Eive (5) years after the beginning date of tb i_s Lease, Lessor shall compute the percentage of change (increase or decrease), if any, in the cost of living during the period be troeen the beginning date and the date of each fifth anniversary ther eoY during the term of this Lease, based upon the changes in. the Consumer Price Index for Urban IJage Earners and CLerical :Qorkers - U.S. Average (1967=100) (herein called "Consumer Price Zndex"), as determined by the United States Department of Labor, bureau of Labor Statistics for "All Zerms". It is agreed that the Consumer Price Index Number at the commencement date of this Lease is 3f~+-1 ~` ~F~ F3 (herein called "base Index Number") . 1f Che Cons caner Price Index Number for the month in which any such fifth year anniversary of the beginning date shall occur (each such number being herein called an "Anniversary Index Number") is higher or lower than the Dase Index IJUmber, Chen such Anniversary Sndex Number shall be divided by the Dase Index Number and from the quotient thereof shall be subtracted the integer one (1) The resulting number, multiplied by i ~_ .. % \ ~ t 1 V ,r ' and she lldjusted Ilas is lien Lal sl+.~ll be pnid wi Lh, or ,: rr•d iced to, Lhe next due installment of fia sic RenLa 1. 5. P~me-nC oC Rent. All I)asic Fen Lz 1. or rldjus fed Basic Rental hereunder shall be due and F•a gable monthly in advancer on Che first aay of each and every ea.l ender r. month during the term of this Lease, without of tseC of any ind. Any rental, addiLio na,l rental or other payment !~rh 7.ch I:h i.s S,e ase zequir es Lessee to pay which is more than thi rl. }' (30) days past due shall bear inLe rest at the r.aCe of ]n1 ccr annum from and of ter maturi Cy and un ti 7. paid. Lessee rovn_- Hero is and agrees timely Co pay to Lessor at CiCy hall, Kerr- ville, Kerr County, Texas (or at such other place in said county as Lessor may from time Co time designate in writing) all rental hereunder and all additional rental ana other sums which under the provisions hereof Lessee is to pay to Lessor. 6. Cons true Ci.on of Improvements. As of the eflec Live date hereof, Lessee has prepared and submitted to Lessor, and Lessor has approved, plans, specifications, and an architect's rendering for Lessee's propose3 improvements (herein called "Improvements"j to be construcCed on the Leased Premises. Such improvements shall be those necessary for the performance of the mandatory services required hereinbelow approved. Those renderings, plans and specifi- cations are attached hereto as Gxhibit "II". Upon execution hereof, and Lessee's obtaining a.11 required building permits, Lessee will, solely and entirely at Lessee's cost, risk and expense, cortuncnce to consCruc t, build and erect the LnprovemenCS in accordance with the final plans and specifications hereinabove mentioned. All such construction work shall be performed by contractors engaged by Lessee and shall be compleCed wil:hin six lG) months of beginning date hereof, except that to the event eE ~~ ' '1'59'%b n ~n iR ~ i . , L) _' ~~ r ~ , one hundred, shall be deemed to be the peresn rays of increase or decrease in the cost of living, Such percenCage of change shall be mu]. Ci.p lied by Chc Dasic RenLa1 and t_he product thereof shall be added Co nr snb trncLed Lrnm the !?asic Rental to determine the annual. rental payable for the next five year period commencing on Cho i.mmedia tc].y preceding anniversary of the beginning date (such amount bei nq here.in sometimes called "Adjus Ced Hasic Rental"). Srch Adjusted Hasic Rental shall be calculated in the above manner during each fifth year of the Lease Term. Lessor shall, within a reasonable time after obtaining the appropria CC da Ca necessary for computing any change in the annual rent, give Lessee notice of any change so determined. Lessee shall notify Lessor of any claimed error therein within khir ty (30) days after receipt of such no Lice. If publication of the Consumer Price Lrdex shall be discontinued, the parties hereto shall thereafter accept the cc mpa cable statistics on the cost of living for the City of San Antonio, Texas, as they shall be computed and published by an agency of the Uni Ced States or by a responsible Financial periodical of recognized authority, then to be selected by the parties here l-o. As an example, on 1y, of the foregoing adjustment: a. Assume Basic Rental is per ac re $100.00 per year, b. Assume Dasic Index Number is 200, c. Assume Anniversary Index Number on the fif Ch anniversary date of the commencement date is 300, then based upon the foregoing, the Annual Hasic Rental shall be: Anniversary Index Number 300 s-Dase Index ?lumber 200 = 1.5 - 1 = .5 x 100 = 50 = 508 508 x 100 = 50.00 50.00 + 100.00 = 150.00 Adjusted Basic Rental. IE there is a change in Basic Rental, and if monthly installments of basic Rental have been paid before such change is calcula ta_d, the difference in the old basic Rental ~ ~ ! /'~v TS~r/h R ~~ n•~ ~/ delays, occasioned by str iY.es, una va ilabi.l iCy of nv~c~ria lc, labor shot tayes, delay; in recei.pC of materials, acts pf God, fire, accidents, I!oyco Cts, sCo nn or .inclr`mer1C w~~a ~-h r_r, Force majeure, or other casual Cy or cause; L~~. ,r and Leccec's control, such comple Lion da Le shall be exCe n~le ~l Ln the extent of all such de}.ays. Lessee covenants and agrees to do all construction moo rk and other work and ins Calla Lions required to Lessee hereunder in a good and ~oorkmanlike mangier .in accordance with all federal, state and local laws, ordinances, rules and regula- tions applicable thereto; it being understood Chat all hangers shall comply with the windload standards imposed by the City of San Antonio for the San Antonio airport, and if such hangers comply with such standards the same will comply with the to rrns of this Lease. Lesscovenants and agrees to pay for all labor and materials in connection with the construction of the Leased Premises, s~ith xespect to any contract for any such labor or ma tP rials, Lessee acts as a principal and not as the agent of Lessor. Lessee shall have no authority to place any lien upon the Lessor's title to the Leased Premises nor in any way to bind Lessor; and any attempt to do so shall be void and of no effect. A11 improvements constructed by Lessee on the Leased Premises shall be and remain the property of Lessee through- out the Lease Term, and upon termination, Lessee shall have a reasonable time in which to remove all its improvements. Upon such removal Lessee shall restore the premises to its oriy final condition. All of Lessee's utility services shall be underground. Notwithstanding the foregoing, Lessee shall have the right, subject to any liens, to donate or give all or ~a ny improvement and/or to ngible personal property, inrlud ing ' l Y 1's T/b Ait'n~ ~, ~, ~:~ ~portab.le hangars to the Lessor. and the i,essnr .v~ree~ !o accept the gi.Cl of any such imp r.ovemnnt er hnn ~;~r. A u er such donation, Lessee will nevertheless conyiuue to hrive the use of any such donated grope r. Cy during Che tc+nn of Lhis t.Pase, without any increase in rent by reason eC hcssnr's ownership. Such Bonatien shall never have Che of f.ecC oC Lessor becoming .liable for any debts or liens secured icy ony such property, and any such donation shall never alter or impair Lessee's o6liyation during this Lease '1'e rm to main- tain and repair buildings and improvements. 7. Re air. In the event of subs tanCial damage to the Improvements, Lessee shall have Che option Co (i) e.i Cher reconstruct, restore and repair Che Improvemen CS, or demolish the Improvements and erect new and different Improvements and in either case to otherwise use and occupy the Leased Premises{fo \the purposes herein provided, subject only to any express restrictions set forth lie rein or imposed by applicable law or ordinance, or (ii) terminate this Lease, whereupon any insurance proceeds collected by Lessee pursuant to policies held by Lessee in accordance with this Lease shall be paid to Lessee. Except, if Lessor has become Clio owner of any improvements, as herein provided, then tl~e insurance proceeds shall be prorated as between Lessor and Lessee, with Lessee being entitled to that prorated portion of the proceeds based on the ratio of the remaining Lease Term Co the en tine Lease Term, and Lessor being entitled to the balance of the proceeds. C'or purpose of the feregoi.ng sentence, "substantial damage" shall be defined as damage to such an extent that the cost to repair and restore the Improvements would exceed $50,000.00, plus 58 per annum for each year after date hareof. 8. Property Damaye Insurance. A. Lessee, at its expense, shall during the entire Lease Tarm keep the Improvemen t-s insured against loss ~ :' 1 I or damage by [ire or. ocher peril within Lhe covetagG of Che Texas Standard Fira Insurance Policy with "ext~n]sd cnvera~7e" endorsement, in an amount and with insurance companie.^, acceptable to Lessee in the exercise of its sole di.sc~nLioit. Lessee shall advise Les ,or in wriCing of the C, pe and omount of such coverage and of the Hama oL Lhe insurance carnpa;i}~ issuing same. Zn case cf any damage to or desCnic Cion of the Improvements, or any part th ernof, which ace covered by the above described policy or policies of i.n snrance, Uu•n unless Lessee shall elect to Cermina to this Lease as provided for above, the entire loss proceeds pa i.d under any such policy of insurance because of such damage or des trucCion shall be paid to hessee and used and applied by i,essee as it deems proper and prudent under the then exisCing circumsCances. In the event the cost of such reconstructing, restoring or repairing is less than the amount of the insurance proceeds, any excess shall be paid to Lessee. If any of the improvements are donated to Lessor, as herein provided, Lessor shall be a loss payee in such policies of insurance, to the extent of its interest and as its interest may appear. B. Lessee shall promptly give the appropriate insurance company written notice of any damage to or de=traction of the Improvements within the coverage of any insurance policy maintained by Lessee, and shall notify Lessor with respect Co any such damage or destruction. 9. Taxes and Utilities. A. Lessee shall be responsible for and shall timely pay any and all ad valorem taxes upon or with ccspect to, its leasehold interest in the Leased Premises, the Improvements, and all watermain, sewage, garbage or other assessments and Charges with respect to Lhe Leased Premises oY Lessee's use thereof. All ad valorem taxes upon or with respect to the Lessee`s leasehold estate and the Impro vemen CS shall be !, ._ ' I ~) ~ rendered and assessed in tlic name of Lesser. Th^_ per: Ci.^.~ acknowledge thaC al prescnC C1ie Lessor's CiPle Co f:he L~~nscd Premises is noC subjeel to ad valorem taxn Ci_on ,v~d that any ta: from the Leased Premises, a1. 1. wi.thouC rasort. Lo legal. process and without bet nq de mood gut Lfy of Lres pass or becoininq liable for any loss or damage which mn}' hr_ occasioned rh~`r~~by. Any property removed from the Leased 1`s c~qi ,~::: h~ei eu n, :eot, or if subsequent thcreLO, Mortyayee i.s the successor or. in Lhe case of the foreclosure of the Deed of Trust, the Trustee ~" / under the Deed of TrusC shall be authorized and may assign ~ r ` / transfer or sublease th i.s Lease to any other party without . T ' : fr. , the consent or approval of Lessor. Provided however, sny subsequ en[ assignee shall thereupon be bound by the terms and condiC{ons of this lease . \ 17. Lessor's Right of Gntry. Lessor shall have the \`~ ~ C right, upon reasonable notice, to enter upon Che Leased ~ ` , Premises at reasonable times for all reasona blc purposes, ~'-'~ Ca ~. including the purpose of inspecCin9 the same and of exhibiting same to prospective purchasers or tenants, and commencing sixty (60) days prior to the termination of this Lease, for the purpose of exhibiting same to prospective tenants. 18. Release of Landlord's Lien. Lessor expressly releases, waives and relinquishes any and all nigh Cs ko or to claim a statutory landlord's lien or any other type of lien covering any of Lessee's personal property situated upon the Leased Premises. 19. Surrender of Leased Premises. At the expiza ti.on of the Lease Term, Lessee shall peaceably surrender the Leased Premises. 20. ito ldinq Over. Ilo lding over by Lessee, at the expiration of the Lease Term and with the consent of Lessor, shall be construed to be a tenancy from month Co month at the rental for the last month of the Lease Term, and shall otherwise be on the terms and conditions herein specified, insofar as applicable. i f V ~~ ! 21. No Par tnershi~r~enrf. Lessor fines nol:, in any way or for. any purpose, become a partner oL Lessee in thr conduct of its business, or oth~n.ise, or a joinC venlurcr wiCh Lessee. Lessee sh~i 1.1 not be deemed nn anent of Lessor for any pur-pose. J,esso r. shall not 6e in any way responsible (to Lessee or to any other person or entity) for, or in any fashion required or obligated in any way to police or regulate, any of the conduct or acts oL Lessee, or of any agent, se rvan L, invitee, l.i censee, conCracLOr or quest or Lessee. 22. Condemnation. A. If during the Lease Perm, the +aholr_ of the Leased Premises or Improvement be taken by eminenC domain, or if a portion thereof be so taken which causes the remainder to be insufficient and unsuitable for conduct of the busine55 to which the Leased Premises were (in good faith and i.n accordance with the terms of tt+is Lease) beiny deviled just prior to the initial negotiations with the condemning authority (or the institution of condemnation proceedings, whichever is first), then and in such events, Lessee shall have the right to (i) termina Le this Lease, and (ii) collect the reasonable value of its leasehold estate. Zn the event Lessee elects to terminate this Lease, such termina t.ion shall be effective as such date as Lessee shall elect-, but in no event earlier than the date of such notice, and upon i any such termination, neither party hereto sha 11 have any further obligation to the other or rights under this Lease and this Lease shall be of no further force or. r_CCec t; provided, however, [-hat the parties' respecCive ri.yhCS and obligations of any kind under this Lease accrued at or prioc to such termination or which relate to periods oL: time prior thereto, whether or not Chen matured, shall fully sure i~+e any such termination and shall be and remain in all Chinys enforceable hereunder. tst/b 8/3/(33 ` 6. if during Che Lease'. 'I'ran Chsre is a lc?:i ng by eminent domain oP a part nl[ Che Lensed Premises which do~as not cause a Lermina lion of. th i.s S,raso, Phan i_lic rental shall be abaCed and reduced s~ Chat suctr rental as so oho Led or rerL reed is Che same fracCion of such ren Cal which i:ould otherwise have been payaLl.e (in Che absence of I_here c~~er having been at any time any aba Cement or reduction of rental under Chis paragraph) as the nvmbei of square feeC remaining in the Leased Premises after such Caking is o. Cbe C^tal n umber of square feet originally in Che Leased Pr.-emises upon commencement of the Lease Term. Such aba Cement of rental s hall be affective upon the date the taking of possession by Che condemning authority occurs, with the rental for the month in which same occurs being prorated as of such date. C. Upon any taking as aLoresaid under the fore- going provisions, Lessee shall be en tiCled to the en Cire award made for or with respect to any Smprovemenls erected by Lessee on the Leased Premises which are taken, damaged or otherwise diminished by such taking and for the reasenablc value of its leasehold estate. Lessor shall be entitled to the entire rerna fining award made for or with respect to Che Leased Premises oT this Lease. Neither party shall have any right in or to any award to which Che other party is so entitled by reason of any such co nsit, or. advance r^ntal., Chen Lea ee shall rendrr such pezfonnance conCemporaneously ~oith the e>:e cation of the i.nsCrument. The failure of Che Lessee to r:!ecu Cn, of perform, jai Chin the thirty days, shall constl lu CC L~ssec's Solt and final refusal. C. This right oI first refusal Cermi.na tes fiee (5) }'ears from the beyinn.i ny date of this lc~+ase, and there- of teY Lessor is free Co alienate Che said tracC in anv manner it desires. D. Le55or hereby grants to Lessee a five year exclusive option to lease Tract 2 described in Gr: iiibif "A" attached hereto and made a part hereof by this reference, upon the same terms, rental and provisions as herein provided; provided that such option is exercisa hle on written noCice to Lessor if Lessee is not in default hereunder. E. 'T'his option terminates five (5) years from the beginning date of this Lease, and thercatCer Lessor is free Co alienate the said tract in any manner it desires. r ., 32. P.l ectrical Basemen t. Lessor hereby l~g rrants to ~/ Lessee an easement for the purpose of constructing, repair- r n~..C uvG/ in g, and maintaining electrica l~service as follows: ~1 GLii..,.~. Ll~ n.~\ .: C.J .~. :Hr ~~ ` ~ 1 L) 33. IixcepCions to Standard Lcasc Provisions. The following shall mortify the standard Lease Prnvi.sions set f or.Ch above: A. Lessee may rent harry ar s, hangar space, and ti ec7 orons Co o~~iners or operators of aiicrafC and :nay rte legn to porticns 01 the services and opnraCions herein rreq ui r?d by concession sublease or other agreement, ns i.t may de is nnine, all wiCh- ouC Che consent of Lessu r provided that Lessee shall remain liable and responsible hereunder. Such subleases, concessions and agreements shall, however, be limited to shnc t-teen periods, and nut comprise a subs tan ti_al portion oC the Leased Premises. This Lease and/or the Leased Premises may be transferred as permitted under Che provisions of Paragraph 16. H. 'Phe Fuel flowage fee on fuel shall not ezcend $0.04 per gallon, or 2-1/28 of the retail price of fuel (whichever is greater), for l:he first fifteen years of the Lease 'Perm. Por the second fiFteen years of the Lease Term, the Luel flowage fee on fuel shall not exceed the grea Ler of the following amounts: $0.04 per gallon, 2-1/28 of the retail price; or the average of fuel flowage fees of the following named airports: 1. Neva Braunfels 2. San Marcos 3. Uvalde 4. Seguin 5. Hrownwood In the event that any fuel flowage [ec at one of the airports named above becomes zero, Or is not assessed, then that airport shall not be considered in cornputing the average. G The use charge presently assessed on car rentals is 58 of the gross. Such percentage shall not be exceeded 1 , ' ~) ,~._- -~„ rhir my Chr_ first fitCeen years et Chc Lcn~.c '1'c rm. CJ. This paragraph zppllc^ to Lh~~ f7.rsc Elf teen (15) years of Che Lease Term. Lessor shall assess no uce charges, !~hich Le ssec pay other than on tuel flowage and car r.en Cal. A;or sha71 I,.e ssor assess any other use charges rahi ch may subsCan tia l.ly impair Lessee's sales or Lessee's opera Lions or Lessoe's r.-entals. Spe a.ifica 1.1 y, Lessor may noC lssess landing foes ~n 7.andinys of: private aircraft, but may assess landing Lees on landings oC scheduled ca rt iers, including scheduled air tali. "~~ L. Ouriny the second fitLeen year 1'e rm of Chis Lease, Lessor sha1.1 not assess any use or other charges (other than fuel flowage as hereinabove provided) which e%ceed Lhe average of Uie five airports named in Subparagraph 3 above; using for computation purposes only those named airports which assess the contemplated use or. charge. Lessor shall not permit, by lease or otherwise, any car rental operation within the Iterrville Pfu nicipal Airport, so long as there is no demo nstra Led public need requiring cartifi- cation for addi 6ional ca r. rental operations. Except for the existing private fuel concession of R6R Ltd., Lessor shall not directly or indirectly permit or cause any other priva Le fuel concession or operation at the Aerrville [4unicipal Airport. Lessor, during the term of this lease, shall not grant fuel sales certificates or leases and shall noC permit opera- tions or services on or within the !u-.. ~ o d .Rf~9 ~~ ~~- 0 10 o° 9 ~ 300 ~ l~ t ~°O~ APRORI ~ C. ~ ~~~,ai.,y Jy~~P a ~ X r4 v~afio~, ~~~' - 13 ~' ___ ~--. -~ _____ _ _~__. .Y' ____ __ __ _____ 1 __ ~~. .. _.,~ \V \P e oiea «rc~ L~~..a~~+~ _~ I .1 rte. 1~ a, ~ f I L i f \I I IIi ~s, ~ 1. \~I °r~ I ~ ~ \ ;; ~ \ .', 1 \ ~b+ 0 1 .~ 1 \i \~ ~ . ~ \ \ l'; So X11 y~ ~ !; ~i ~, ', ~ I; ~ ~ i G';: - . ~ ~ i ~ 1' i I `,, i ~ /:'' `~" V ZIIIIIiXB 0 J\~ ~p ~ 1f. S6 ~~~\ \ +~Y T~,' r~~ 9S S \ 6 6 .~ ~ ra abbb \ \ ~` \~ \ \~ i ~a ' .. `.i ,,' ` 1 Y `~ ~. 1,.. -- --- ~ .. i I'~ __.~_ ~' ' ~---_ r ~ . ' !;l ,L - ~.~-~ ' '_ ~1 _- i' , \\ \ - . _ - 0 .; 0 0. t:~ f) U IIIT[ F~L~lI FOR ~ ,' K~~7~`lILLB P~3t);IiCIP;lL :11RS'CRT ~.-;, U r-.: , • ~ $I'GCIPICATI ONS L'0!L CON STR UCI'ION F. 11i CR OV PaE1; II; A. SITE WORK I '1. Rcoio ve n11 vegeta Lion. 2. Crude site to near level position so ns to allow proper ' drnt nnge of we t'er. U: FOIPlUKLION 1. llangor FLooC 6" slab with 7/D" tabor an 15" ccnl.rra. IIcains - 12" % 24" eillt 4 - 5/7]" robot. AL1 Lenme minimum of 12" in undisturbed soil. 6 mil. poly wn to proo Eing. 5 sack concrete mi.x, A11 st.eeL to be placed on cha ira. 2. Of Eice and shot': 4" slob with 3{B" cebnr on 15" can to ra. Deome- 12~'X~~24"with 4 - 5/8 " tabor. all benms minimum of 12" in undisturbed soil 6 mil• poly ws[er proofing, 4'I nnek concrete mix, N 1 steel [o be plnred on cha Lrs. C. DDILDINC STRUC't URE ' Pre-engineered metal system ne by A611en~ Netol "bn LLd ing" Systems or eq ual.~With load Factors to conform Co Sen An [onlo hedger codes. All sides to he pa in [ed 26 Ua, metal. Roof fo be Galvalume 26 ga, metal. llnnger to be fully encloaed with sliding doors. D. PA[iKING AREA Double coating pe nietraHon. I l ~st J `i ASSIGNi•'IFNT 4ND 4 S II~IPTInN STATE OF TEXAS § COUN-IY OF KERB § TFIIS ASSIGIi1lENT AiYD .4SSiIi`iPTION, executed and delivered as of the 31st day of December , 1996, by and between RR WOOD~VARD ENTERPRISES, INC., a Texas business corporation, ("Assignor"), and KERRVII.LE AVIATION, INC., a Texa; business corporation ("Assignee"); RE .iT4 .S W$EREAS, Assignee desires to acquire a!l of Assignor's right, title and interest in and to the below described lease agreements and amendments and addendums thereto, subject to the terms and conditions of this Assignment and Assumption; and WHEREAS, Assignor desires to transfer, assign,_convey and set over al] of Assignor's right, title and interest in and to the below described lease agreements and amendments and addendums thereto to Assignee, subject to the terms and conditions of this Assignment and Assumption; and KX Avi;rtion Trace Asrermrn+ WHEREAS, the City of Kerrville, a Municipal corporation located in Kerr County, Texas, and COL~+"I'Y OF KERB, TEXAS, hereinaRer collectively called "Lessor", and KX Aviation, Inc. a Texas corporation, as Lessee, entered into that certain Lease Agreement dated August 4, 1983, a copy of which has been heretofore furnished to Assignee; and WHEREAS, on November 14, 1983, the Lessor in said Lease Agreement and KX Aviation, Inc, entered into a "First Amendment to Lease Agreement," a copy of which has been heretofore furnished to Assignee; and Assignmrnt and Assumption Page I ,~'3 -r WHERE:\S, on October 29, 1984, the Lessor in said Lease Agreement and KX Aviation, Inc., entered into an"IGY :\viafion Lease -Second Amendment," a copy of which has been heretofore furnished to Assignee; and WHERF.:1S, nn November 29, 1934, the Lessor in said Lease Agreement and K,\ Aviation, Inc., entered into an "ICX Aviation Lease -Third Amendment," a copy of which has been heretofore furnished to Assi;nee, and WHEREAS, on July 15, 1986, the Lessor in said Lease Agreement and KX Aviation, inc., entered into an "Fourth Lease Addendum (1936)," a copy of which has been heretofore furnished to Assignee; and WHEREAS, on October 15, 1986, said Lease Agreement and amendments and addendum thereto were assigned to R. R Woodward Enterprises, Inc., pursuant to that one certain Assignment and Assumption by and between KX Aviation, Inc. and R. R. Woodward Enterprises, Inc. and consent thereto by the City of Kerrville, County of Kerr and Kerrville-Kerr County Joint Airport Board dated February I?, 1989; and WHEREAS, on August 3, 1937, the Lessor in said Lease Agreement and R. R. Woodward Enterprises, Inc., entered into an "Filth Lease Addendum (1937) R. R. Woodward Enterprises, Inc./City-County;" and ~,& S Aviation Tease Agreement WHEREAS, on May 28, 1985, Lessor and S & S Aviation, Inc., a Texas corporation, as Lessee, entered into that certain Lease Agreement dated May 28, 1985, copy of which has been heretofore furnished to Assignee; and Assignment and.Assumption Page 2 03 O WIIERE.4S, on :lugust I5, 1985, Lessor in said Lease Agreement and S & S Aviation, Inc., as Lessee entered into a "S & S Aviation Lease -First Amendment," a copy of which has been heretofore furnished to Assignee, WIIEREAS, on July 12, 1983, the Lessor in said Lease Agreement and Kemi(le Air, Inc., entered into an "Addendum No. I to Lease AgreemenC" wherein the name of S & S Aviation, Inc. was changed to Kerrville Air, Inc_, a copy of which has been heretofore furnished to Assignee; and WIIEREAS, on February 24, 1989, said Lease Agreement and amendment and addendum thereto were assigned to R. R. Woodward Enterprises, Inc., pursuant to that one certain Assignment and Assumption by and between Kerrville Air, Inc. and R. R. Woodward Enterprises, Inc. and consent thereto by the City of Kerrville, County of Kerr and Kerrville-Kerr County Joint Airport Board dated February 14, 1989; and WHEREAS, on April 26, 1989, the Lessor in said Lease Agreement and R. R. Woodward Enterprises, Inc. Entered into a "Third Amendment S & S Aviation Lease dated Lfay 23, 1935," a copy of which has been heretofore furnished to Assignee. (The Lease Agreements and amendments and addendums thereto described in the foregoing Recitals shall be collectively hereinafter referred to as the "Lease Agreements"). AGRF..y .NT NOW, THEREFORE, for and in consideration of the foregoing recitals and the agreements and covenants herein set forth, together with the sum of TEN AND NO/100 (SI0.00) DOLLARS and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of which is hereby confessed and acknowledged by Assignor, Assignor does hereby ASSIGN, TRr+u~ISFER, SET OVER and DELIVER unto Assignee, Assignee's successors and Assignment and Assumption Page 3 ,~ ~-(` assigns, without warranty or recourse, express or implied, and upon the terms and provision set forth herein, the Lease Agreements, and all of the rights, benefits and privileges oFAssignor thereunder, but subject to all ternis, provisions, conditions, reservations and limitations set forth in the Lease An_.reements. In connection therewith, and without limiting the generality of the foregoing, but in addition thereto, Assignor expressly ASSIGNS and TRPuNSFERS to Assignee any and all claims, causes of action and rights of Assignor in, to and under the Lease Agreements, without warranty or recourse, express or implied, and with the understanding that such Lessor has consented to this Assignment and Assumption in writing. The parties understand and agree that by execution and acceptance of this Assignment and Assumption, Assignee hereby assumes all of Assignor's liability and agrees to perform all of Assignor's duties and obligations under the Lease Agreements. The parties further agree that, after the date hereof, Assignor shall have no further Gabiliry to discharge or perform any duty or obligation or comply with any teem, covenant, condition or agreement set forth in the Lease Agreements. In connection therewith, Assignee covenants and agrees to promptly discharge and perform all such duties and obligations and comply with all terms, covenants, conditions and agreements set forth in the Lease Agreements. In connection therewith, on and after the date hereof, Assignee hereby indemnifies and agrees to save and hold harmless Assignor from and against any and all loss, damages, ]iability, claims, or causes of action of any nature whatsoever arising out of or related to the Lease Agreements or Assignee's failure to perform any of the duties or obligations under the Lease Agreements, whether accrued or unaccrued, asserted or unasserted, known or unknown. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Assienmrnt and Assumption Page 4 83-0 IN WITNESS ~VHEREOP, Assignee and Assignor have caused this Assignment and Assumption to be executed as of the 31st day of December 1996. ASSIGNOR: ATTEST: R.R. WOODGVARD EN RISES, I1~,~C Secretary Robert R. Woodward, President ASSIGNEE: ATT~EST~: ~ Secretary ICERRVII,LE AVIATION INC. By- Ro ~Voodwa ,President APPROVED AS TO FORM.~t~ID CONSENTED T0: CITY OF KERRVILLE By - ~ a~ Its May r COUr~.L`. OF KERR, TEXAS ~ 1 By: o I s Count J e ~~ Printed Name: yy~^ ~• ~~ J`~ City Attomey Printed Name:_ County Attorney Date: ~t m Date: l-'~ C~ c(. (.~ Date: Date: 7~L`~ 5~ Date: Assignment and Assumption Page S THE STATE OF TEXAS § CO[NTY OF KERB § This instrument was acknowledged before me this 31st day of December 1996, by ROBERT R. WOODWARD, President of R R. Woodward Enterprises, Inc , a Texas business corporation, as the act and deed of said corporation and in the capacity th; rein/stated. :: `Qa'v n'ee`. LURA W;rLLiS_y ~~'~(n / / :l~ll'~?/ ~• Nmary Pub'~m, State o; T=x a. '~, ~- -: ~;1+ CO•i Notary Public, State of Texas ~~c^; ~., ~: bhp Commission Expires r '~y~`..F'(F'i-: .c+e F)iBlT{L•ei 11, 15S7 . .. -. ~.~,,~s-._T-....... ._...... s~-s~r~.v THE STATE OF TEXAS § COLNTY OF KERR § Tlus instrument was acknowledged before me this 31st day ofDecember. 1996, by ROBERT R WOODWARD, President of Kerrville Aviation, Inc., a Texas business corporation, as the act and deed of said corporation and in the capacity therein stated. 'O• NotaryPUb'igSla:eof ie~,. N t0 a PUb11C, State of Texas ' y: Ny Commission Expire: ~•~4TC~ +P' September 1~, 1~J- r Assigrunent and Assumption Page 6 8 3-~ 5853AMD. C,'I'Y 'IIIZRD AMENDhIEN'P 5 & S AVIATION LF.ASG DATGD MAY 26, 1905 Tliis Ttii rd Nnendment to that certain lease by ar,d between CITY OF KERRVZLLG and COUNTY OF KERB, Lessor, and S 8 S AVIATION, INC., Lessee, dated May 28, 1985, recorded Vol. 479 page 57, Real Property Records of Kerr County, Texas, as follows: I. This lease was amended by "First Amendment" dated August 75, 1985, Vol. 479, page 101; by "Addendum No. 1", dated July 12, 7988, Vol. 479, page 107, and on February 24, 1989 such lease was assigned to R. R. WOODWARD ENTERPRISES, INC. II. New Paragraph 38 "Common Ownership" is hereby added to such lease: 3B. Common Ownership. At the time of execution of this Amendment, these premises formerly owned by S b 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 wi tli the mandatory services set forth in Paragraph 11 of the original lease. b. Any requirements for improvements or taggible personal property may be satisfied by Sncluding those located upon, or used in connection with, the said adjoining premises. c. The local manager provision of Paragraph 12 may be satisfied by considering the local manager responsible for the said adjoining fixed base operation. 1 ~ppraved by~~City Council Dater-Zl~-~~. Volume 3 page3~ 58S3AMD:CTY EXECUTED this 7i~O day of , 1989• LESSOR: LESSEE: CITY OF KERRVILLE R. R. V700DWARD ENTERPRISES, ZNC. Edd R. Turner, Mayor R. Woodward, President COUNTY OF KERR ATTEST: ~j/q Danny Edwards Secretary County Judge KERRVILLE-KERR COUNTY DINT AIRPORT BOARD to en T. Drane, Chairman ROVED AS TO FORM: Thomas S. Terrell ~ City Attorney STATE OF TEXAS ) COUNTY OF KERB ) This instrument was acknowledged before me on the Zoo day of ~ , 1989, by EDD R. TURNER, who is the Mayor of the City of Kerrville, known to me to be the person whose name is subscribed to the fozegoing 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 UND)R MY HAND AND SEAL OF OFFICE this Z (o day of '/~; `.,,,~L. // , 1 989. ~~ ~/ / J n ,lGfro. ~ ~-~ o /~ mac,,, ./~ Notary Pub ic, State of Texas Printed name My Commission Expires: /'r'•~k SNEIU LORENE BRAND ~•y. Nolery PubAc !~ )]c~ ~ 87ATE OF 7E%AS Z der ~~~ M'Camm. E,q.Jn.Sl, tOAU sas3AMD.•crY STATE OF 1'E XAS COUNTY OF KERR This innns tr uinent was acknowledged before me on the day of f, Y) Ay4_ , 1989, by DANNY R. EDWARDS, who is the County Judd ge of Kerr County, Te r.as, 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 Kerr County, Texas. GIVEN UNDER MY FfAND AND SEAL OF OFFICE this ~1 day of 1989. r J O 'fL. SAN DEL xa:„ roeu,. soy n tuu ~~GG pr Rm rmn [+pkI I~IO~nj!_i osoooo¢ar7: y~.a C n .vt.c,Qi.C 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 ~1'f~t~ , 1989, by STE PIfEN T. DRANE, who 15 the Chairman ~ of the Kerrville-Kerr 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 authority granted to him by such Board. IVEN UNDER MY HAND AND SEAL OF OFFICE this ~~ day of 1 9 8 9 . ~/./(/j~~ ~Jn /'n/ !•••' ••., E. MONTES DE OCA ~rE°~ ~"~`~L~~ Notary PUbiic Notary Public, State of Texas ;~~~ STATE OF TEXAS R P, III My Comm. E.p. Sep. 16. X989 Printed name My Commission Expires: STATE OF TEXAS COUNTY OF KERR This instr, ment was acknowledged before me on the day of , 1989, by R. R. Woodward, President of R. R. oodw rd 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 OFFICE this ~~d ay of 1989. n \ ^~ ~ A~~~ „~";~pEilH.llA;"~o,. ary Public, State of Texas /Ol pNY P~B~ ~'9G% Printed name ~ ° `r~ My Commissio^ Expires: N }P ~~E OF tE .. rx PIRES,!• n ~ ORDER N0. 78624 MOTION TO APPROVE THIRD AMENDMENT TO THE 5 & S AVIATION LEASE BATED N4Y 28, 7985 Ort this the 27th day of April 1989, upon motion made by Commissioner Ray, secontled by Commissio r.er Baldwin, the Court unanimously approved the third amendment to the 5 & S Aviation Lease dated May 2B, 1985, which allows for common ownership by R. R. Woodward Enterprises, Inc., the premises formerly owned by S L 5 Aviation, and the adjourning premises formerly owned by xX Aviation. ASSIGfIM ENT AND ASSUFI P'PION STATE OF TEXAS § KNOW ALL D1CN BY THESE PRESENTS: COUNTY OF XERR § TttIS ASSIGNMENT AND ASSUPIPTION, executed and delivered as of the ~~"`T}ay of F~~/1U0.2~ 1909, by and between JAMES O. SHURTLEFF, Indlvidua lly, and KERRVILLE AYR, INC., a Texas corporation ("Assignor") (previously known as and referred to in the hereinafter Lease Agreement and addendum and amendment thereto as "S 6 S Aviation, Inc.), and R. R. WOODWARD EN'IERPRYSES, INC., a Texas corporation ("Assignee"); W I T N E S S G T H W}1EREAS, the City of 1~ rrville, a Municipal Corporation located in Kerr County, Texas, and COUNTY OF KERR, TEXAS, hereinafter collectively called "Lessor", and S & S AVIATION, ZNC., a Texas ._corpora Lion,., whose principal office is located in Kerrville, Kerr County, Texas, as Lessee, entered into that certain Lease Agreement da ted May 2B, 1985, which Lease Agreement.. is recorded in Volume~~479, Page 57, et seq,nReal Property Records _ of Kerr County, Texas, copy of which has been-heretofore. furnished to Assignee; and WHEREAS the parties in said Lease Agreement dated May 28, 1985-entered into•a~'.'S~~B`S Aviation Lease:=.-First Amendmen t'1-.-dated-. ,: :-.: August 15, 1985, same being recorded in Voluble 479, Fage 101,' et seq, Real Property Records of Kerr County, Texas, a copy of which has been heretofore furnished to Assignee; and WIIEREAS, on July 12, 1988 the Lessor in said Lease Agreement and Kerrville~Air, ~Inc.7 'entered. into ian+"Add~hd um No.. 1~~, tb Lease Agreement" wherein the ha me of S & S Aviation, Inc. was changed--to Kerrville~Air, Inc. ,r and is-recorded in Volume 479, Page 107,~~et seq,-.Real-Prbperty-Records ~o f :Kerr Coun ty;~~Texas. NOW, T}tEREFORE, for and in consideration of the pr einises -and the agreements and covenants herein set fortH,~~together•~:wi~th Lthe sum of TEN AND NO(100 ($10,00) DOLLARS and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the recelpt and sufficiency of wlficli is hereby confessed and acknowledged by Assignor, Assignor does hereby ASSIGN, TtiANSF ER, SET OVER and DELIVER unto Assignee said Lease Agreement, the said First Amehdment and the said Addendum No. 1 to Lease Agreement described herein, and all of the rights, benefits and privileges of Assignor thereunder, but subject to all terms, provisions, conditions, reservations and limitations set forth in the said lease, amendment and addendum theretq; and without limiting the generality of the foregoing, but in addition thereto, Assignor expressly ASSIGNS and TRANSFERS to Assignee any and all claims, causes of action and rights of Assignor in, to and under the Lease with the City of Kerrville, et al, and the amendment and addendum the reto described herein; with the understanding that such Lessor hascons en.t ed .-to. this .Assignmen t... in writing. - TO HAVE AND TO 2IOLD all and singular the said lease, addendum and amendment thereto unto Assignee;---Assignee's--successors-=and- -- assigns, upon the terms and provisions set forth herein. It is-understoodand -agreed that-by •acceptingth is .Assignment..-- and Assumption and- bycAssignee!+s=executed-.hereof-;~-assignee-hereby--_~ assumes-and agrees;:-af terthedate~hereof~,-~(-i ).~to perform:-_a11 -_of the terms, covenan is -and conditions -of~ said- lease; ~-addendum and amendment ,thereto ron~.the part~of.Assignor~,required to~be . perf ormed ;. ._ and (ii)-to. 'rcomplyewith-the obliga•t ion9 iand covenants-thereof ;~:., and .... Assignor shall not be responsible under said lease, addendum or amen drnent thereto for the discharge of such obligations after the. 'effective date hereof. It is specifically... agreed that Assignor shallnot be-responsible underthe - lease;-. addendum _. or amendment - thereto-for•the discharge and perf ormance;.:nf:.zny of .th2 duties J_and ' obligations=~-to be performed and/or ~=-discharged ~-by Assignor _- thereunderafter-`the date hereof;-and Assignee-.covenants and agrees°-~~= to promptly.--_discharge.aall~obliga lions underuthe lAaset addendum -sad- _... -. a mendmentthereto discharged- thereunder after the date •,herebfrand to •t indemnify p.i csave -and :hold harmle ss Assignor from .and against any and all lo~s~•liabili Cy, claims,: or causes of acting existing in favor of or asserted under the lease, addend wn or amendment thereto and/or arising out of, or in connection with, or relating to the lease, addendum or amendment thereto after the date hereof and/or Assignee's failure to perform any of the obligations under the lease, addendum or amendment thereto after the date hereof. All of l:he covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties ' hereto and their respective successors and assigns. IN WITNESS Wl1EREOF, Assignee and Assignor have caused this Assignment and Assumption to be executed as of the ~,!{Tµ day of FE~~eua2y 7989. ATTEST:.. SeCLe ATTEST: Se retary ___. ASSIGNOR: KERRV/I]LLE .AIR, ,1NC. . _ B Y : ~~,f'ly~r~,~jO~LGf uC/i/A J es O. Shurtleff, President ASSIGNEE: R. R. WOODWARD ENTERPRISES, INC. RotrLSrt R. Wo6~ward, President THE STATE._OF_TEXAS . § THE COUNTY OE KERR --§ Ttlb p1°~"'~'~9otNnent was acknowledged 1~efore :me -this e~'S4rµ day_ of cE 'q 1989, by JAMES O: SHURTLEFF, President of Kerrd ~ foo 9P~, a Texas corporation, as the act and deed of said rj~o ti 5n'`aurid in the capacit herein stated/~~~ ~~ / ''e nF ~E N ary .Public .~ '~.. FxvmES .ire r,~ _ ,,,,, _ .~ - ate of Texas THE 9TATF`,"!l7P'!'.'PEXA S'•':'§ THE COUNTY- OF~-HERR - - § This ins trumen t. was acknowledged before me this ~N day of F~bkR1a2H ,.1989, by RODERT R. WOOD[JARD, President of R. R. Wood ward ~~~Enf~p,~p~ise s,-~.Inc.;-as ,the act and deed o& said corporation and in~tkpP` gr~~~therein stated. ._ ~) ! N y j _ S to of-. ~.Tezas }T ! 9rE QF ~E !. ` .. .. FNPiRESi' .. ESTOPPEL CERTIFICATE Landlord: CITY OF KERRVILLE, a Municipal Corporation Address: 800 Junction ili gttway Kerrville, Texas 7002© Landlord: COUI7TY OP KERB, TEXAS Addressa Kerr County Courthouse Kerrville, Texas 78028 Tenant: KERRVILLE AIR, INC. (formerly 5&S Aviation, Inc.), a Texas Corporation 1885 Airport Loop Kerrville, 7'e xas 7©028 Purchaser: R. R. WOODWARD ENTERPRISES, INC. Address: P. 0. Box 630 Kerrville, Texas 76028 Lease and Premises: That certain Lease Agreement entered into by and between Landlord and Tenant, dated May 2Q, 19R5, together with all Amendments and Addendums Chereto (the "Lease"), covering the premises more particularly described therein In order to induce Purchaser to acquire the Lease and assume the ebligations under such Lease from Tenant, Landlord and Tenant make the following statements and agreements: Landlord and Tenant hereby certify as true and correct, the following statements: 1. The copy of the Lease attached hereto is a true, correct and complete agreement between Landlord and Tenant with respect to the space described in the Lease. 2. The Lease is presently in full force and effect. 3. As of the date hereof, neither Landlord nor Tenant is in default under any of the terms, provisions and conditions of the Lease. 4. All rentals due under the terms of the Lease have been paid to the date hereof. 5. Tenant has complied with all of the terms and provisions of the "Kerrville-Kerr County Airport Policies and Standards" to~"7the date hereof. Executed this ~ I day of February, 1989. ~' LANDLORD: Gf~, ~ CITY OF KERRVILLE > Oci ~ ^ ^ Its MavoL COUNTY OC KGRR, T. AS ey : ~ G.+k is C..~ty.T~w'fd TENANT: KERRVILLE AIR, INC. By: L--,/'CLtrtGL~~tt~u-L1 JA EIS O. -S FIU RTLEFF, esident ~P-P~ AS TO FORM: 7 HOMAS S. TBRRELL, / City Attorpgy~ ~ ~ ~, Date: iJ/ ll \\ APPROVED AS TO FORM^:~ ~ l'l~ BERT A DE ON, C ty Attor ey Date: Page Two (2) of Estoppel Certificate February 14, 1989 Kerrville Rir, Inc. 1885 Airport Loop Kerrville, TX 78028 Re: Lease Agreement dated Page 57, et seq, Real 'texas, by and between and City of Kerrville Kerrville-Kerr County as amended May 28, 1985, recorded in Volume 979, Property Records of Kerr County, S & 5 Aviation, Inc., as Lessee, County of Kerr and approved by the Joint Airport Board, as Lessor, Gentlemen: The undersigned hereby consent to the assignment by you of the above-referenced Lease Agreement, as amended, to R. R. Woodward Enterprises, Inc. Sincerely, CITY OF KERRVZLLE BY: ~-~d~[ K ~w-~ Edd R. Turner, Mayor COUNTY OF KERA ~ 2 BY: a,W~ KERRVILLE-XERR COUNTY JOINT AIRPO BO~RD _ BY: ti ~IAti~ ~ - I~a~- DATE: `,~~ f /y,~~' DATE • /'lijh'v ~ ~ Z 3 //rn' DATE • ,~ (,G{. r i -.A DU-KAI/MISC.80-0/ ..k/s9 p/6/22/86 ~ l ~5~~ VOL.a'o PAGE log ADDENDUM NO. 1 TO LEASG AGREEMENT (Airport Lease - S L S Aviation, Inc.) WIIEREAS, on the 20 t1i day of May, 1905, the CITY OF KERRVILLE, a Municipal Corporation, and the COUNTY OF KERB, a Political Subdivision of the Sta [e of Texas (hereinafter referred to as "Lessor") did enter into one [,ease Agreement with S S S AVIATION, INC., a Texas Corporation (hereinafter referred to as "Lessee") concerning the following real property: Tract No. Ten (10), Louis Schreiner Field Suhdivision 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 [he above-described Lease Agreement on August 15, 1985; WfiEREAS, the said Lessee, S & S AVIATION, INC., has changed its corporate name to KERRVILLE AIR, INC. as shown on [he attached Exhihi[ "A" and hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim; and WFIEREAS, the Plat referenced above has not been recorded in the Plat Records of Kecr County, Texas. NOW, THEREFORE, for and in consideration of the benefits to the parties undeC 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 inten [s 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. E%ECUTED [his the ~ day of ,{,~ 1988. LAN DA NDLOR DR D/: APPROVED AS TO FORM: CITY OF KERRVILLE p1~5( CITY A'P CRN Y Date Its 1 ~`AJD-KAI /MISC.06-DI[t...:/99PI6122100 App ED h5 TO CORM: ~~/ u' 1f~- COUNTX hTTORNEY V6L.n79 PhGE Iaa COUNTY OF KCRRA T~XAS .adf~ ~n~ ~ GGj /VU2~ TENhNT: INC. KEftRV ILLS hIR' -LcG P'^'~ ).dent BY :<-- ~ A~}tU RT1,GFF, 7 EC 6. FILED FOR REGOft ~~.o'dock p1 ,> JUL 2,21983 l' PftTRIC1h I)VF .1 oYn1YC Etl. M(1+~CC TPA f,pE>V~.l (L, c?= Y u INDEXEq QYC.,OMPARED ~~~~ ~ , G 3 / 1~:~. ~`. nEf.OFDED IN wv~ip ua+uB roi ~aWAe nY4[I„ Ine~uhiMUNieYnumk ebt ~f<4na~m1 DIt f1I1( OF f(AAS 1 v ~ s w FILE GATE- D•LLDCN M COUnII' Of M1(AA I t ILE TIMEt .0 ---~- 1 Meb/ cnIJT IMI INt IuvYrvM m (11(0 a ($ Husbn SeWtmu an Ne i 7~PAGE ~ 0't bN rM N Int f e cW.ptl nnex bt and m auh PF[OAMD. M IEe YOL. -~"~ OIRUI PuOa uudt of Aol PmpeT al Kn~ LounU but An NfCOfIDINO DATE JuLa~ 1988 ~/~~. !~/~ pATRICIA DYE ~pU Y CLEFK, ERR 0 NTY BY ~~ JUL a'Y 1988 ~o- o~~ COUHiY CLFRN, NERR COUNiY. iE%AS 6 ~ ~ 1 V~'~ . ,. W~~t ~ttltt 0{ V1tX118 ~rrretnrg Df ~ir;?^ 'J \~ VOL.n79 P/iGE io9 CERTIFICATE OF AMENDNENT FOR KERRVfL LE AIRr (NC. F ^RMERLT 5 E S AVfAT[ONr INC. CHARTER NUMBER 736150 THE UNDERSIGNED, AS SECRETARY DF STATE OF THE STATE OF TEXAS. HEREBY CERTIFIES TI1AT 0.RT ICL ES OF AMENDMENTr DULY SIGHED AND VERIF(E D. HAVE BEEN RECEIVED !N TN[S OFFjCE AND ARE FOUND TO CONFORM TO LAN. ACCORDINGLY TI1E UNDERS[GNEOr AS SUCH SECRETARY OF STATEr AHD BY V{RTUE OF THE AUTHORITY VESTED IN THE SECRETARY BY LAW. [SSUE$ THIS CERTIFICATE ANO ATTA CNES HERETO A CD~Y OF THE ARTICLES 6F AMENDMENT. DATED MAR. Jr 1906 v ~~ Sacrelery 01 Stale EyJ4464T "A'~ ( I -~ VOL.'179 PAGE llo FIE LO NOTES OE SC RIPT ION FOIL A 1.72 ACME 7MCT OUC OF TIIE KF,IIRVTLLE- ~ KERB COU NCY AIRPORT FOR LEASE TO S. 6 $. AVIATION, iN 71(E CITY OF KERRVILLE, KERB COUNTY, TEXAS Reing all of n certain L•]2 qc re, more or lees, trot[ or parcel of 1nnJ out of 0. y, Rob lneon Survey No. 44, Abe[roc[ No. 202, Sn the C1 [y of Kerrv Llle, Kerr Co un[y, Texas; pn rCS of Trgc [e deal6nn CeJ ae Na. 9 and Ho. 10 on [he Leaaing Nop For [he Kerrv ills-Kerr County Alrpo r[, and being more particularly deac rib ed by me tai and bounds ae fglle vs: BECINNI NC a[ o l/2°.1 ron stake eel Eor [ha nor[bo rly venC corner o[ [he herein de scribed [ra c[ In [he se u[hves[ ltae of TracC No. 9, 450 ft. 5•l5~ JO'E. from [he 5oV4h Corner of 7rec[ No.7~currently leased [o K % Av lq[lon; TIIENCE, upon, over anJ ac ro es Tract No. 7, 50 f[. from anJ parallel vl [h [he co¢w on line between Tracts Ho. 9 and Ne. L0, N.74' 22'6. 200.00 (c. to a l/2" Iron e[gka s~J ~l- EXECUTED this ~ C day of /L'n v. , 1985. DUGOSH AIRCRAFT SERVICE CO., INC. DUGOS/Hw/~/FLYING SERVICE, INC. BY / c (-r ! it~ji Ch rlie Dugosh S 6 S///A/VIATION, INC. BY ~, e <-G l/~~ ~~l7wa ORDER NO. 16121 APPROVAL OF LEASE AGAE EMENT BETIQEEN THE CITY OF KERAVILLE, A MUNICIPAL CORPORATION AND THE COUNTY OF KERR, TEXAS, HERELN- AFTER COLLECTIVELY CALLED "LESSOR" AND 5 s S AVIATION, INC., A TEXAS CORPORATION On this the 10th day of June 1985, upon motion made by Commis- sioner Lich, seconded by Commissioner Higgins, the Court unani- mously approved an Airport Lease Agreement, hetween the CZTY OF KERRVILLE, a Municipal Corporation, located in Kerr County, Texas, and the COUNTY OF KERR, TE X_AS, hereinafter collectively called "Lessor", and S s S AVIATION, INC., a Texas Corporation, whose principal office is located in Kerrville, Kerr County, Texas, hereinafter called "Lessee", subject to the provision that the Lease shall be subject to Amendme r.ts to conform with regula- tions pzomulgated by the Federal Aviation Administration. It is further ordezed by the Court that County Judge Gordon S. Morriss be authorized to execute said agreement on behalf of Kerr County. THE STATE OF TEXAS COUNTY OF KERR I, PATRIC IA DYE, Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDER NO. 16121 passed by the Commissioners' Court on the i nrh day of ,i,,,,o , A. D. 1985 as the same appears of record as manifest, of the Minutes of the Commissioners' Court of Kerr County, Texas. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office at Kerrville, Texas, on this 11th day of June A. D. 1985. ~)L~~~n n-^ ~~ / V P JA /T R I C,///,,~ I y y y ~A i i, ~- D C Y- E K. Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas ey Deputy J ~5:~4 VOL n%9 PAGElol s s s nvln'r1oN LEnsE - F1asT nctewutacrrr TftIS FIRST AhtENDhIEN'P to that certain Lease ngreement dated ~liG ~$~ 19©5, between CITY' OP KGRRVILL6 and CO UCITY OF KGRR, Lessor, and S b 5 AVIATION, INC., Lessee as follows: I. Paragraph 2, "Leased Fremises" is amended to read as follows: 2. Leased Premises. In consideration of the rents, cove- nan is and agreemen CS hereinaf tei reserved and contained on the part of Lessee to be paid, observed and pe rfo rmed, Lessor hereby demises and leases to Lessee, and Lessee hereby takes and rents from Lessor, for the term provided below, the following described property, situated in the City of Kerrville, County oI Kerr, Texas: 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, and Fuel Site, Tract No. Ten "A" (10A), as shown on Exhibit "B" attached hereto and made a part hereof by this reference, hereinafter collectively sometimes called the leased premises, to ge tlier with a.ll and singular the rights, easements, privileges and appurtenances in anywise belonging under said above- described tracts of land. EXECUTED this ~~day of ~~r( UJT 1985. LESSOR: LESSEE: CIT F RRVILLE ) 5 b nVIATIO(tJ/_, ,I~N~C~- BY f--~ BYE-J~I~-~,.~,~° J, ou 1~ or ` el A. Smith, President T ~~ Tom. s~,.~.I~ on Morriss Teresa Jane Smith, Secretary ty dge KERRVILLE-KERP. COUNTY JOIN ~ AIRPO BOARD Cr zier, Ch PPROVEO AS TO FORM: I S. ~ 7~S~v~- Thomas S. Terre City Attorney ' reprove bny City Council 1 L at•z: ~~~'~ VDU~rrG.7- aP,el~ ~A~- T0. .Sm.~ Teresa Jane Smith TnE s'rnTE or Tsxns VOL. '179 f~iGLloz TIIE COUNTY OF KERR BEFORE• ME, the undersigned authority, on this day per- sonally appeared n. J. DROUGII, who .is the hloyor of the City of Kerrville, known to me to be the person whose name is subscribed to the foregoing insL-rumen t, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity thezein stated, and pursuant to a resolution of the CiCy Council of the CiCy of Kerrville, '`T'exas. To. /~~•'; ~~ GIVEN UNDER MY HAND APSD SEAL OP OPPICG this /~yday of r 1985. i':rz, .:'~ , . Notary Publ~i °" State of Texas sc~~~,yq T Sg,, ,tir~.- TEfE STATE OF TEXAS THE COUNTY OF KEAR BEFORE ME, the undersigned authority, on this day per- sonally appeared CORDON S. MORRISS, who is the County Judge of Kerr County, Texas, known to me to be the person whose name is subscribed to the foregoinq instrument, and acknowledged ~~~~ t I'I_to me that he executed same for the purposes and consideration ~:.~ t`h~rein expressed, in the capacity therein stated, and pursuant ~'~ +'~toca_ resolution of the Commissioners Court of Y.err County, Texas. • ~ '- "~ ~t GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 [h day of '.~~'~, +~~ '~ ',August 1985. it , r ; /~ A F n~ F t f ~ .l7~QntN .ff Notary Public State of Texas G~ Sarc~~ THE STATE OF TEXAS THE COUNTY OF KERR BEFORE ME, the undersigned authority, on this day per- sonally appeared Gary Crozier, who is Chairman of the Kerrville- Kerr County Joint Airport Board, known to me to be the person .~y. ,...'.`.,, b'hose name is subscribed to the foregoing instrument, and ac- •'~~rowledged to me that he executed same for the purposes and .- ~~, (''.ob'ps3deration therein expressed, in the capacity thezein stated, of ~ 'r; anfl ~wi th the authority granted to him by such Board. _,: ~ _ ;v :,~,~ GIVEN UNDER MY HAND AND SEAL OF OFFICE this /,S ~ day of Fl. ~...... ~..•,.,~ ~!/(ir iiS f 1985. 4 .:.~~ Notary Publi State of Tex mss/ THE STATE OF TEXAS v THE COUNTY OF KERR BEFORE ME, the undersigned authority, on this day per- sonally appeared JOEL A. SMITH; President and Stockholder of S & S Aviation, Inc., known to me to be the person whose ~. name is subscribed to the foregoing instrument, and acknow- ' "t..•1ed ed to me that he executed same for the ' g purposes and ~`~ `i,~y ., ;considers tion therein expressed and in the capacity therein *'•r ~ ~Eated. u; ~~{j,~F~~~,, ~r~ ^GIVEN. UNDER MY IIAND AND SEAL OF OPFIC6 Ch is ~~ day of. ~1',,i L{~r_~~ 1985. - y`7j."Gz7 ` otary Publ c State of Texas Lose 1/rt .T SLl.~w vex TItE sTnTE or• Texas T11E COUNTY OF KERB J VOL.^79 PhGE l03 ,•.+~~ BEFORE ME, the undersigned authority, on this day per- . ~ ~rTOlially appeared JAMES ORIN SIIURTLEFP, kno~on to me to be the person whose name is subscribed to the foregoing instrument, r ~/r!~`,.and=acknowledged to me that he executed same for the purposes ''t;`Cy` afjd~ consideration Che ee in expressed. ~'t ~~~; ~ GIVEN UNDER MY HAND nN0 SEAL OF OFFICE this ~;dny of ~~~.. '~_~ 1985. 1 Z ~`Cir/ Not ry Publi` State of Texas. Loic1-ra TSlv~r,- TILE STATE OP TEXAS .r THE COUNTY OF KEAR ,L. .. i- ill~ ~'-~ BEFORE ME, the undersigned authority, on this day per- . S„sonally appeared BARBRA SMILE S[IURTLEFF, known to me to be r~, •'~~,.~iL'a~B acknowledged tommer thatbshelexecutedhsamerfo~lthe lpurposest ,~"!.. `,.. atrb. consideration therein expressed. '/ .l f ...gip ~ .' rv ~.,., ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~G Jday Of No~ Publi~(5 State of Texas THE STATE OE TEXAS THE COUNTY OF KERR .~ BEFORE ME, the undersigned authority on this day per- ~.~"aonally appeared TERESA JANE SMITH, known to me to ba the ~~ •.',~,?` `person whose name is subscribed to the foregoing instrument, ~' ,.,,~. a~(d acknowledged to me that she executed same for the purposes I !.. ~~ /. "+ ~'",'~irid consideration therein expressed. ~'. y.lr "'*7~,'; ~ ~ GZVEN UNDER MY HAND AND SEAL OF OFFICE this .1~ ~ day of ' ..,...., „ L~~~~_. /, 1985. Nota y Public State of Texas ~a'c.va V, -S~ia..~v RECORDED IN YIIE DATE: (TIE TIME: :O O'CLOCK M YOI. 79 PACE ~O) RECOROINO GATE JUL-29 1988 ~'®~ PATRICIA DYE COUpTY CLERK KEAR,000N}Y BY__ al In „'n d. YJe .,r A>. (AlOUry nnr wegnnr ne.Nn .Aan rnbMt IAe yle. rtnpl ar me 1 IAe 4tudee rN1 pre4[rl/ pttW1e nl teler a r,tt 11 inpG.J InJ untMpinph unErv leElrll n. III( SIAIf O! IQA$I COUXtr Of II(Ap I nmpr ,nldt uAI IMf inplntnl .n DI[0 m lilt Nan({r 5\sG ncrrr/s,_ /as L ~ ~~ VOL.-n9 PAGC ~ or otherwise of Lessee's rights and interest under this lease by any Mortgagee shall re.Le ase Lessee of any liability which it may have as a result of any provision of this lease. E. Estoppel Letter. Lessor shall, if required, confirm to Mortgagee that Chis lease sets forth the entire agreement of the parties thereto, is in full force and effect in accordance wi tti its terms, and has not been amended, modified or assigned, except as herein set forth; state what, if any, offsets or credits against rentals exist and what rentals are due under this lease to the date thereof, and wha L-, if any, defaults by either party or ground for cancellations exist under this lease. F. Foreclosure. If such Mortgagee succeeds to the interest of the Lessee under this lease, it shall be bound to all of the terms, covenan t5 and conditions set forth herein from and after its succession to such interest; provided that it and its successors and assigns shall have no corporate or personal liability for the performance of the obligations of the Lessee hereunder, and its liability and that of its successors and assigns for any and all defaults of the Lessee under the terms of the lease shall be limited to its interest in the leased premises, including all improvements, and in connection with any foreclosure under the Deed of Trust, or transfer in lieu thereof, or if subsequent thereto, Mortgagee is the successor or in the case of the foreclosure of the Deed of Trust, the Trustee under the Deed of Trust shall be authorized and may assign, transfer or sub-lease this lease to any other party without the consent or approval of Lessor. Provided, However, any subsequent assignee shall thereupon be bound by the tex ms and conditions of this lease. 16. Lessor's Right of Entry. Lessor shall have the right, upon reasonable notice, to enter upon the Leased premises at reasonable times for all reasonable purposes, h~ clx/Lense ncrtT/s/ '/es ~' l VOL.~79 PfiGE 7s including the purpose of inspecting the same and o£ exhibiting same to prospective purchasers or tenants, and commencing sixty (60) days prior to the termination of this lease, for the purpose of exhibiting same to prospective tenants. 17. Release of Landlord's Lien. Lessor expressly releases, waives and relinquishes any and all rights to or to claim a statutory landlord's lien or any other type of lien covering any of Lessee's personal property situated upon the leased premises. 18. Surrender of Leased Premises. nt the expiration of the lease term, Lessee shall peaceably surrender the leased premises. 19. Holding Over. Holding over by Lessee, at the expiration of the lease term and with the consent of Lessor shall be construed to be a tenancy from month to month at the rental for the last month of the lease term, and shall otherwise be on the terms and conditions herein specified, insofar as applicable. 20. No Partnership or Agency. Lessor does not, in any way or for any purpose, become a partner of Lessee in the conduct of its business, or otherwise, or a joint venturer with Lessee. Lessee shall not be deemed an agent of Lessor for any purpose. Lessor shall not be in any way responsible (to Lessee or to any other person or entity) for, or in any fashion required or obligated in any way to police or regulate, any of the conduct or acts of Lessee, or of any agent, servant, invitee, licensee, contractor or guest of Lessee. 21. Condemnation. A. IF during the lease term tfie whole of the leased premises or improvements be taken by eminent domain, or if a portion thereof be so taken wlii cti causes the remainder to be insufficient and unsuitable for conduct of the business to which the leased premises were (in good ~~~ CfX/LET`S E, 71GhIT/5, 3/85 ~, i VOln~9 PAGE~e faith and in accordant=_ with Che terms of this Least) being devoted just prior to the initial negotiations with the condemning authority (or the institution of condemnation proceedings, whichever is first), then and in such events, Lessee shall have the right to: (i) terminate this lease, and (ii) collect the reasonable value of its leasehold estate. Sn the event Lessee elects to terminate this lease, such termination shall be effective on such date as Lessee shall elect, but in no event earlier than the date of such notice, and upon any such termina t-ion, neither party hereto shall have any further obligation to the other or rights under this lease and this lease shall be of no further force or effect; provided, however, that the parties' respective rights and obligations of any kind under this lease accrued at or prior to such termination or which relate to periods of time prior l-h ereto, whether or not then matured, shall fully survive any such termination and shall be and remain in all things enforceable hereunder. H. If during the lease term there is a taking by eminent domain of a part of the leased premises which does not cause a termination of this lease, then *_he rental shall be abated and reduced so that such rental as so abated or reduced is the same fraction of such rental which would otherwise have been payable (in the absence of there ever having been at any time any abatement or reduction of rental under this paragraph) as the number of square feet remaining in the leased premises after such taking is of the total number of syuare feet originally in the leased premises upon commencement of the lease term. Such abatement of rental shall be effective upon the date the taking of possession by the condemning authority oc:c:urs, with the rental for the month in which same occurs being prorated as of such date. C. Upon any taking as aforesaid under the foregoing provisions, Lessee shall be entitled to the entire award made for or with respect to any improvements erected ~5` CIX/LEASE AGt4'Pf S~ 9fQ5 ~.1 i ~~~d 79 ~~~E 77 by Lessee on the leased premises which are CaY.e n, damaged or otherwise diminished by such taking and for the reasonable value of its leasehold estate. Lessor shall be entitled to the entire remaining award made Lor or with respecC to the leased premises or this lease. Neither party shall. have any right in or to any award to which the other party is so entitled by reason oP any such condemnation and/or taking by eminent domain, whether total or partial. Lessee shall in no event be under any duty to repair or restore any improvements affected by such taking. 22. Lessor's Warranty. Lessor warrants that Lessor has good title to the leased premises, and has the ri gtit to make and grant this lease, that no taxes respecting the leased premises are owing and that Lessee shall, upon payment of all rental provided to be paid by Lessee, and Lessee fully observing and performing the covenants and agreements herein provided to be observed and performed by Lessee, for the term of tf~is lease (unless said lease be sooner terminated under and in accordance with any of ttie provisions herein elsewhere contained providing for such termination) quietly and peaceably possess and enjoy the leased premises, free from claim, interference or hindrance by Lessor, or those holding or claiming under Lessor, or those holding or claiming under a right or title superior to Lessor's; provided, however, that this warranty is subject to, and does not warrant against the effects of, present or future building ordinances or other governmental laws, rules, regulations, orders or actions, or the exercise of any power of condemnation or eminent domain. 23. Examination of Title and Premises. The Lessee shall have the right, at Lessee's cost, to obtain a current survey of the leased premises and to obtain a current title report relating to the leased premises. Zn the event such survey or title report indicates that the description of the leased premises herein contained is inaccurate, Lessor and 5~ clx/Ler`se ncrrc/s, ./as ~, J vo~.4~g ~~cE ~© Lessee agree to er.ecuCe an mnendment to this lease correcting Uie leyal description of the leased premises to such description as may be required by a reputable title company issuing such title reports. At any time during the term of this lease, Lessee shall also have the right, at its cost, to obtain an Owner's Titlc Insurance Policy coverir.q its leasehold interest under this lease. 24. Waiver of Subroga Lion. Each party hereto waives any and every claim whici~ arises or may arise in its favor and againsC the other party hereCO during the term of this lease for any and all loss of or damage to any of its property located within or upon, or constituting a part of, the leased premises or improvements, which loss or damage is covered by valid and collectible fire acid extended coverage insurance policies to the extent that such loss or damage is recoverable by the waiving party under said insurance policies. Said mutual waivers shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss of or damage to property of the parties hereto, Inasmuch as the above mutual waivers will preclude the assignment of any aforesaid claim by way of subrogation (or oth=rwise) to an insurance company, Lessee hereby agrees immediately to give to each insurance company which has issued to it policies of insurance coverage, written notice of the terms of said mutual waivers, and to have said insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverages by reason of said Waivers. This paragraph shall be null and void if it would have the effect of invalidating any insurance coverage. 25. Notices. 1111 notices, demands, requests, or other instruments which are required or permitted to be given under this lease shall be deemed given and received on the first of the following to occur: (i) the day octually received by the party l'o receive same; (i i.) Lhe first day 5~ CZX/LEASE AGhI'1'/5,~ 1f 35 • ~ ~i 1 VOL~7~ P,tGE 79 which is neither a Sunday nor a legal holiday following the day on which ac Cually delivered, by mail or oche noise, to the below speciLied address of the party to receive the same; or (iii) the third day which is neither a Saturday, Sunday, nor a legal holiday follor~~i ng the day on which same is mailed cer t.iL ied or regis Cored mail, postage prepaid, addressed to the below specified address of the party to receive same. If the Lessee i.s Ctie party to receive such notice, demand, request or instrument, then the addressee and address for Lessee shall be: Joel A. Smith Post Office Box 2117 Kerrville, Texas 78026 If Lessor is the party to receive such notice, demand, request or instrument, then the addressee and address for Lessor shall be: City of Kerrville City Hall Attn: Ci Cy Manager 800 Junction Highway Kerrville, Texas 78028 County Judge Kerr County Courthouse Kerrville, Texas 78028 Ei tlier party may change such addressee or address by notice to the other party as provided hereunder. 26. Interpretation. The singular shall be interpreted as the plural, and vice versa, if such treatment is necessary to a proper construction of this lease, and it the feminine, masculine or neuter gender should for such purpose be one of the other genders it shall be so treated. Paragraph or section headings are for convenience only and shall be disregarded in interpretation. The laws of Texas shall govern the interpretation and validity oF, and other matters pertaining to, this lease. 27. Partial Invalidity. Zf any term, covenant, or condition. of this lease or the application thereof to any person or circumstance shall, to any ex Cent, be invalid, illegal or unenforceable, the remainder of this lease, or /5~ L1X/LEASli AGPI'f/5/'EI/85 ~. ~ J VOL:173 PAGE ao the application of such term, covenant or condition to persons or ci rcumstances ocher Chan to Chose which it is held invalid, illegal or unenforceable, shall not be affected thereby and shall continue in full force and effect. 28. Entire Agreement. 'f his Lease sets Porth all the covenants, promises, agreements, conditions or understandinys, either oral or written, be Cween Lessor and Lessee concerning the subject matter and the leased premises and there are no covenants, promises, agreements, conditions, understandings or representations, oral or written, between them other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this lease shall be binding on Lessor and Lessee unless reduced to writing and signed by both parties. RECORDED IN /1.~Q,t; P NLE DPTE: a ~•~~YY~~"" HLE TIME: t,EJ O (. O'CLOCH M VOr, A{ ~ 9 PgCE .S J R ECDRDING DOTE /\~yL~~/~ J U L.29 1988 ~~.%F PATRICIA OYE er_ cou~iEa~.>~RR~q~"T.Ydi,ran~ eylly qnl wdrlflanf AtrM ~AkA rHlrvO In[ tile. rrn111 or vv I IAe k4rrDed reN Or dOnll ARivR al tiler dr rp It .n rAd IM menlp[Mk unJn IWnI lvr III( 341E Ol RYAy' COIINII' Of R[Rq I Ane01 teniq INI IAiI rnrhvmnl •n fll[p rn Irle HunAtr kpN[Se do IM nk and n Il.ttpy nlr.gre a<,t,n h •e Ind . I awh a[[pgp[p. In IM pllkill PuNk df el qn9 PrepMP 1 Atrr [aunty lep JUL,>2 9 1988 O' pa~,~~ COUNTY ClERH, NEAR COUNTY, TEXAS 1 /~~ ~. ~29. ASS U[2ANC6S ' VOL.n~9 PhGE el (1) Utsc riming Cion a, Lessee shall furnish sc rv ices on a fair, cyual, and not un;IU:;C1y rl i::criniina Cory basis Lo all users hereof; and b. .. - Lessee shall chnrP,c fair, rca5on able, and noC un jus L].y disc riminaLOry prices for each unit or service; provided that reasonable and nondisc riinina Cory dis- counts, rebates, or other similar Cypes of price reductions to volume purchasers may be made. c, Lessee in exercising any of the sigh is or privi leP,es herein granted to fC sha.L1 not on I:hr y,round_~. of race, color, or national ori.gi.n, discriminate or pe rnifC discrimination against any person or f:rouP of Persons in any manner prohibited by 49 Cfli Part 21 of the regula Lions of Che Secretary of '1'ranspor Ca lion. The Lessor is granted hereby the right Co Cake such ac t.ion, any l:hing Co the con Crary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. (2) M1la tional lime rpency In the event the United States Government requires the use of said premises in the event of a na Clonal emergency, or for any defense program, or defense purposes on the part of the government, the party in possession agrees to deliver up possession within ninety (9G) days after notice where practical. After use by the United States Government has to rmlrtated, if in fact t17e government has taken over Che Airport, the said party is en ti Clod Co re-enter the premises Covered by this agreement and resume SCS opera lion, and such loss of Cline shall be added to the Cerm of the agreement so that the full Cerm may be enjoyed without being penalized on accounC of the occupancy of the United States Government. Lessee does not, however, waive any right to compensation for any taking under power of eminent cfoinain. (3) Self-Baru lee No righC or privilege has been granted which ,~ L' ~ VOLA79 PhGE az would operaCe to prevent ni n; irn rson, firm or rprporoticn operating aircraft on the Ai rprut from per Co rm ir, i, any services on iCs own aircraft wil:h its oem rei*w.ar mnployses (including but noC limiCed i;o niaLnCenance and repair) Lhnt iP. may choose to perform. (4) No L•'xclusive Franchise Nothing herein shall be construed to granC or authorize the granting of an exclusive frauchlse or rit,h C, except the lawful righC of a Lessee to exclusive possession of leased premises. (5) Development Lessor reserves the riph t, in a reasonable and non-discriminatory manner, to CurCher develop or improve Ltte landing area of the Airport as iC sees fit, regardless of the desires or views of any party and without in Ce rfe rence or hindrance. (6) Maintenance of Airport Lessor shall keep the Airport in an operable condition and shall have the right Co direct and control all ac tiviCies of any party in this regard, (7) Maintenance of facilities A11 hangars, buildings, properties or land on the Airport, shall be mainCained in a clean, aCtrac Live, weed free, well painted, junk free condi lion. If An operator or Lessee has an area where it normally keeps damaged aircraft, aircraft parts, construction fixtures, and jigs, barrels, containers, or other unattractive items, Lessee shall enclose Such an area wi [h a screen thaC will hide such area fro ni public view. (fi) Structural 1la za rds Lessor reserves the right to CaIr tain to hours of operation, building space, personnel and t}ie like. Lessee should take special notice o£ the current minimum standards for the mandatory services required herein. 34. LessoY Covenant/Default. Lessor shall not directly or indirectly do, commit or permit to be done or committed, any act, occurrence or condition which impairs or prevents operations on tt~e Leased premises and the conduct and use of the leased premises for the purposes herein specified, including wi khout limitation the services and operations required hereunder. Lessee shall not be in default hereunder if any occurrence constituting a default is caused or results from the acts of Lessor. If the Lessor shall be in default hereunder, Lessee may terminate this lease or pursue whatever right or remedy as may be available at law or in equity. 35. Public Areas. Lessor shall maintain the runways, taxiways, roads and other public areas owned by Lessor and not leased to others, in a condition which is the same or better than existing on the date of the original lease (reasonable wear and tear excepted). 36. 5to ckholders. Lessee covenants and represents that this Lease is executed by all persons who own an interest, or who have agreed to own an interest, in SaS Aviation, Snc. 37. Contractual Coverage Endorsement. As part of the liability policy required above, Lessee shall procure a contractual endorsement thereto covering Lessee's indemnity obligations. ~ y~ . CIX/LE AS E, AGh1T 2, /10/DS • ~ VOL.n~9 PAGE 90 GXECUTED this ~Q day of LESSOR AQP EO AS TO FOR.,/M~~ T omas S. Ter~1` City At- rn ey TliE STATE OF TEXAS TFiE COUNTY OF KERR LESSEE 19D5. S & 5 AVIATION, INC. oel A. Smith President ATTEST: T<.~e_1_ ~~,..~ s-..~,~1~ Teresa Jane Smith Secretary STOC KIiOLDER APP R/,OVQ~AL Nta~r~Lrn~~/cCcN~~ James Orin Shu~~ ~?~CC - ! ~ Barbza Emile Sliurtlef el A. Smi t 7e~a.e-cL ~.Tnn,-~. 5..~....Y=~ Teresa Jane Smith BEFORE ME, the undersigned authority, on thi; ~~~'da'y~y1 personally appeared A- J. BROUGH, who is the Mayot'~f ~th@yJ'~, ~• City of Kerrville, known to me to be the person whb se-namer~'"~, is subscribed to the foregoing instrument, and ackn6wledged~~'; to me that he executed same for the purposes and ~ ~ Y r GIVEN UNDER MY IfAND AND SEAL OF OFFICE this 28 day of O~ . Mav 1985. -!,/ ~, L' r ~ ~ ~~ .~~~ Notary Publ' Loretta J. ~hawver State of T :cas Commission expires 4/13/89 TItE STT+TE OF TEXAS THE COUNTY OF KERR BEFORE ME, the undersigned authority, on this day personally appeared JOEL A. SMITH, President and Stockholder of S s 5 Aviation, 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 there in expressed and in the capacity Rdrf-(rein stated. , { ` {VEN UNDER MY HAND ~" ;'.'• G AND SEAL OF OFFICE this day of ~ ' -r ~~' ~. 1985. N ary Public SHEItA LORc~'~tiU State of Texas NOTAi~Y fUO; IC, STATE OF Tc%AS MY COM1f L11SSIOU fXfl""cS 42689 THE STATE OF TEXAS TttE COUNTY OF KERR BEFORE ME, the undersigned authority, on this day personally appeared JAMES ORSN SItURTLEFF, 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. Notary Publrc ' ' •~ ' . ~ SI IEILFI IORCPlE GRAND ;- :~ ~~~~ State of Texas NOIARY FUL'LIC, SIAiE OF 1ERA$ •_` ~ ~ 16Y COPAhiISSIOtd EY,; IFPS I Z8~89 , `4 ' I Stt ~ GIVEN UNDER MY HAND AND SEAL OP OFFICE this /3 day of -~j ~, 1985. cIx/Lensc ncrrr z/~/lo/vs LI J TEID STATE OF TEXAS V~L479 PAGE 9z TEI L' COUNTY OF KERR BEFORE ME, the undersigned authority, on this day lpsYr 6Un illy appeared Bn RB Rn Gh1I LE SIIURTLEFF, known Co me Co Vn1,beii th~. person whose name is subscribed Co Che foregoing "instrument, and acknowledged to me that she executed same {r'~, ~~f~bY the Eurposes and consideration therein expressed. ,r ~ VEN UNDER MY HAND AND SEAL OP OFFICE this ~ day of %~ roc- 1985. or / n N ary ublic cl't.~L:1 If`.r '.-iii_.;^~,fdD State of Texas Fi L'i'd'.'; I'I!"; P', ...G l'I 1'AS r.i'! LCLi `. w.aUW L:;FI'dCS I$&C7 TEIE STATE OF TEXAS TIIE COUNTY OP KERR BEFORE ME, the undersigned authority on this day personally appeared TERESA JANE SMIT11, kno•~un to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for the purposes and consideration therein expzessed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1985. ~0,~~~~ ~ N tar-8 Y eublr~ ~I~EI~a I.or~ oa.~,n~o rD~i RY F~.•! State of Texas ~CiF~G'i PUCI I!; ;I ",11: OF TCX~S ,. ~ MY LJi;ihliS310H fLi'IRC$ L20~B9. ,ti , H r .. wl` Iii ~F _`r, aE~o~ aFCO~rt/, of ' C/ o'rla:h_(/ _I ~ J JUI ~ 2 ~yus INDEXED t$~COMPARE^ PATI21C1l1DYE CI unry taurr~;r Cnur .e:; e.~ C/ ~ ~ r GJ~, 9f'•~-c~lLe ~ T 7S~U~-f ~~ ~~ Exibits Exibit A - Easement Lot 10 Lot 9 Plat Building Description Archi Cect Rendering Construction Drawings ~J/ p, oi, CC PT ii ~i ~i ii J VOL479 PAGE9a .~rh - -- ,, - - `~ ;. ~; ~ ~ _- ~_---- ~ . A ~ : A M i•,. ~. , , ~. ; i ! ~ , ~ `. ,, ,- - - ,r ,~ ~$, ~,~;~ ,'.~ yl $ r;*^ n1 h 4l !{ . <~t„ i;, J :.. 4, Fin e ,,'- ... ~ ~ ~ , VOL.n 79 PAGE 9 a ,•C IELD~NOTES DE SC RiPTION FOR A 100 PT. WIDE F,AS EN ENT OOT OF TRACT t10. ].0 TN T11E KERRVILLE-KERB CONt7fY AiR PORT, IN TIIG CITY of KERRVILLE, KERR.COUNT Y, TE %AS Being n ter [a in I00 ft• wide etr ip, tract or parcel of lnr.d out of 0. V. Robinson Survey No. 4~i, AbsGra c[ No. 282, Sn [he Clty of Kerrville, Kecr County, Texas; par[ of Tract No. 10 as shown on [he lensing Map for [he Ker rv ll Le-Kerr Coun [y Af rpor[; and being more per[Scula rly described by metes and Gnu nds ns Collo wa: BEGINNING a[ a 1/2" iron sCa ke for n reen[rnn[ corner of sn ld Tract tJO. 10 and east corner of an aircraft parking apron, [he north corner of the herein described easement; which point bears approximately 600 f[. S.15° 38'E. from the south corner of Tract No. 3 currently leased to Y. K Av In tlon; TIIENf.E, 5.73° Sfi'W. 100.00 f[. along [he southerly northwest line of Tract Bo. 10 to a L/2" iron stake a[ 1[s southerly west corner, [he north corner of Tract No. 11 and the west corner of [lie herein described easement; THENCE, along Che common line between Tracts No. 10 and No. L1, 5.15° 3S'E. 108.32 ft. to a 172" iron eta ke se[ in [he north line of an elgb[y (80) ft. wide reserve 6[rip for [he south corner of the herein desc Abed easement, the south corner of Tract No. 10 and [he east corner of Tract No. 11; THENCE, with the said north line of BO f[. wide reserve stz lp and south line of Tract No. 10: N. 73° 56'G., 60.71 ft. to a 1/2" iron stake set For an angle; and N. 88° 00'E., 40.47 Ft. co sn 1/2" iron stn ke set for [he east corner of the hareLn deacrlb ed easement; TIIG NCF„ upon, over and across Tract No. !0, parallel wi [h and 100 ft. from iCS southerly southwest 11 ne ,, N.15° 38'W. 118.15 f[. [a the PLACE OF eECI NN INC, enc umbecing 0.253 acre (1(,025 eq. Et.) of land, mare or less, with In these metes and bounds. I hereby certify Chat these field no [es are an occurs [e desc rl p[ion of [he properly con[a toed therein as determined by a survey made on the ground under my direction and supervision, axes p[ no survey was made [o ree s[abllsh Patent Survey 11ne6 or corners; and Cha[ all pro pe r[y corners are as ste tad. Oa led ilia 23zd day of 7anuary, 1985 C, ~l (~ OF ~E Tf .~P...... -f_ Lee C. Voelkel y: ~''• Registered Pu bile Surveyor No. 7909 ~:~, „,,,,,.,,, County Surveyor for Kerr County I LEE C.VOI:LKEL ~o . 4 34(39 ~~©.r~ S~La~o:, [ i, :. 4. EXHIBIT "A" ~~ v VOL.n79 PAG[ 9s 'FILED' NOTES DESCRIPTION FOR A 1.72 ACRE TRA CI' OUT OF TIIF. KERRVILLE- KERB COUNTY AIRPOR'C FOR LEASE TO 5. d S. AVI A'1'T ON, IN TIIE CITY OP ' KERAVILLE, KERR COUNTY, TEXAS eeing all of n car to in 1.32 acre, more or less, trnc[ or parcel of land out of 0. ',. Robinson Survey No. 44, Abe[ra c[ No. 202, Sn [he City of Y,e rrville, Kerr County, Tezas; parts of Tracts deslgnn [ed as No. 9 ¢nd No• 10 on the Leasing Map for Che Kerrville-Kerr County Alrpo rt; end 6e ing more par[icula cly de6crib ed by metes and bounds as follows: BEGINNING n[ a 1/2" iron stake se[ For [he northerly west corner of Che bereln de scribed tract in [he southwest line of Tract No. 9, 450 f[. 5.15° 38 'C. from [he sou [h corner of Tract No. 3 currently leased to K X Av Sn[1 on, THENCE, upon, over and across Tract No• 9, 50 ft. from and pa ra 11e1 wi [h [he cou®on line between Tracts No. 9 and No- 10, N-74° 22'6. 200.00 f[. [o e I/2" iron stn ke se[ for [he north corner of the bereln described tract In the northeast line of Tract No. 9 and the southwest line of a 100 ft. wide reserve strip; THENCE, along [he so u[hwe s[ line of sa Sd 100 f[. wide reserve strip and northeast lines of said Trac [s Nos. 9 and 10, 5.15° J8'E., a[ 50.00 f[. pn ss ing the east corner of said Tr ¢ct No. 9, the north corner of ea id Trec[ No. 10, Chen continuing for n total dletence of 271.46 f[. to a 1/2" iron stake se[ s[ an nog le polo[; and 5.02 °OD'E. 82.87 ft. [o a L/Z" iron stake se[ for the east corner of [he herein described [roc[ a[ [he in terser [1 on of the eou[hwe 9C line of enid 100 ft. wide reserve strip with [he northwest line of an 80 ft• wide reserve strip; i1~NC F., 5-88° 00'W. 185-70 f[. along [he so u[heae[ line of Tract No. 10 and northwest line of said 80 ft. wide reserve strip [o a 1/2" Sron eta ke set for [he so u[L corner of [he herein described [roc[; TIIE NCE, N.15° 38'W., 118.15 ft• upon, over and across Trnc[ No. 10 to a I/2" iron stake set for a reentrant corns[ of Trnct No• 10 aC Che east corner o£ nn aircraft parking apron, [hen con[Snul ng For a distance of 100.00 f[. along Che northerly we s[ line of Trec[ No. 10 [o a poi nt for its no r[he rly was[ corner, [he south corner of Tracc No. 9, and then 50.00 ft. along [he so u[hwes[ line of Trott No. 9, a Co cal dls[a nce of 268.15 f[. this call, [o the PLACE OF BEGINNING. I hereby car tlfy that these field notes are an accu