ORDER M0, c7G90
RF'F'ROVRL Of= ESTOP[='EL L.ETTER REI_RTlt`IG TO
MO~MEY LERSES RT RIRF'QI',T
On this the loth day of R~_rgust :IZ~~2y i_rpon motion made by
Commissioner Raldwin~ seconded by Commissioner Williams, the
Court unanimously approved 6y a vote of 3-0-rD~ the estoppel
letter relating to Mooney Leases at airport and authorise th'ie
Co~_rnty S~_rdye to sign same.
COMMISSIONERS' COURT AGENDA REQUEST ~ ~ ~~
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE IIY: Fred He ~_ OFFICE:
MEETING DATE: August 12, 2002
SUBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED:
Consider and discuss approval of Estoppel Letter relating to Mooney Leases at airport.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge
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:
THIS REQUEST RECEIVED BY:
THIS RF,QiJEST RECEIVED ON:
@ --
All Agenda Requests will be screened by the County Judge's Office to deternune if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
August ~ 2002
~a Facsimile and Regular Mail
Congress Financial Corporation (Southwest)
1201 Main Street, Suite 1625
Dallas, Texas 75202
Attention: Mr. Paul Truax
Re: Letter agreement related to (a) Landlord Estoppel and Access Agreement, dated April
19, 2002, by and among the City of Kerrville Texas, County of Kerr and Congress
with respect to the leased premises under the Lease, dated January 1Q 1963 (the
"First Landlord Agreement") and (b) Landlord Estoppel and Access Agreement,
dated April 19, 2002, by and among the City of Kerrville Texas, County of Kerr and
Congress with respect to the leased premises under the Lease, dated April 29, 1982
(the "Second Landlord Agreement').
Ladies and Gentlemen:
The purpose of this letter is to confirm that the City of Kerrville, Texas ("City") and the
County of Kerr, Texas ("County") agree in favor of Congress Financial Corporation
(Southwest) ("Congress") that the potential defaults referred to in the Second Landlord
Agreement (regarding notification to Mooney Aircraft Corporation that it failed to connect its
sanitary sewer system to the City's public wastewater system and that it failed to pay rent
under the lease, dated April 29, 1982) and in the First Landlord Agreement (regazding
notification to Mooney Aircraft Corporation that it failed to connect its sanitary sewer system
to the City's public wastewater system) do not constitute defaults or notices of a default to
Congress for purposes of sections 3, 4, or 5 of each of the First Landlord Agreement and the
Second Landlord Agreements, notwithstanding the references to such potential defaults in the
First Landlord Agreement and the Second Landlord Agreements.
In addition, this will confirm that the lease payments (i) under the lease referred to in the
First Landlord Agreement are $1.00 each year for the term of the lease and (ii} under the
lease referred to in the Second Landlord Agreement are currently $1,384.00 per month.
Sincerely,
Congress Financial Corporation (Southwest)
August ~ 2002
CITY OF KERRVILLE, TEXAS
By:
COUNTY OF KERB, TEXAS /J
'" ~ - j
e:
cc: Nelson Happy (via facsimile)
f~atrick Hughs [Firm]
Jennifer Bligh [Firm]
Eric Terry [Firm]
Matthew J. Miller (Cttterbourg, 5teindler, Houston & Rosen, P.C.)