Order No. 28316
Lease to Triad Holdings, Inc.
On this the 22 day of September 2003 upon motion made by Commissioner Williams,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to approve a Facility Lease to Triad Holdings, Inc., Sole General Partner of
Triad Manufacturing, Ltd., d/b/a BA Products.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINNAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY TRHE COURT.
MADE BY: David C. Pearce
OFFICE: Ai ort Mana er
MEETING DATE: September 22, 2003
SUBLECT: (Approval of Facility Lease)
TIME PREFERRED: As early as possible
Consideration and Approval of a Facility Lease to Triad Holdings, Inc., Sole General Partner of Triad
Manufacturin Ltd. d/b/a BA Products.
BA Products currently leases a 10,000 square foot facility from the City/County. The lease term for that
main facilit~pires in calendar year 2007. They also lease 1,500 square feet of space in a 2 500 square
foot facility from the_City/County. Both facilities are located on the airport. Their expanding business has
resulted in the com an seekin additional leases ace.
The proposed lease is for the entire 2,500 square feet of space in the facility located at 1700 Airport Loop
Road. Additionally, the proposed lease will allow BA Products to lease an additional 1,950 square feet in
the same facility should that become enclosed. Lease terms will coincide with 10,000 square foot facility
i.e. unti12007.
The proposed lease rate is the market rate; $3.14 per square foot. The Airport Board recommended
a royal on Au ust 27 2003.
EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON) _None
NAME OF PERSON ADDRESSING THE COURT: David C. Pearce
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE N/A
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. Tuesday.
THIS REQUEST RECENED BY:
THIS REQUEST RECENED 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 the time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Rules Adopted
by Commissioners' Court.
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FIRST AMENDMENT TO COMMERCIAL WAREHOUSE
LEASE AGREEMENT AMONG THE KERRVILLE-KERB
COUNTY AIRPORT BOARD, THE COUNTY OF KERB,
TEXAS, THE CITY OF KERRVILLE, TEXAS, AND TRIAD
MANUFACTURING, LTD.
THIS FIRST AMENDMENT TO THE COMMERCIAL WAREHOUSE LEASE
AGREEMENT previously entered into on April 23, 2002, is made this day of ,
2003, and is entered into by and among the Kerrville-Kerr County Airport Board, governing board of
the Kerrville-Kerr County Airport pursuant to the Texas Transportation Code Chapter 22, hereinafter
called "Board"; the City of Kerrville, Texas, a home rule municipal corporation, hereinafter called
"City"; the County of Kerr, Texas, a political subdivision of the State of Texas, hereinafter called
"County"; and Triad Manufacturing, Ltd. d/b/a BA Products, a Texas limited liability partnership,
whose principal offices will be located in Kerrville, Texas, hereinafter referred to as "Lessee." City
and County are the record owners of the herein-described real property although Board, City and
County will sometimes be collectively referred to herein as "Lessor.
RECITALS
WHEREAS, the Lessor owns and operates the Kerrville-Kerr County Airport, located in the
City of Kerrville, Texas, hereinafter referred to as "Airport"; and
WHEREAS, Lessee currently holds a lease for the use and occupancy of certain Lessor-
owned facilities and land at the Airport (hereinafter referred to as the "Tract 19 Lease"), which
authorizes it to utilize such premises to engage in the business of the manufacturing, sales, service
and distribution of feeders for the wildlife, aquaculture, and agricultural industries, which lease term
expires at midnight on May 15, 2007; and
WHEREAS, Lessee now desires to renew another lease it currently holds at the Airport, for
the use and occupancy of a portion of a Lessor-owned building located on Tract 16, which lease
allows Lessee to utilize such facilities for the storage of finished product and raw materials for the
manufacture, sales, service and distribution of feeders for the wildlife, aquaculture, and agricultural
industries, which lease term expired at midnight on August 31, 2003; and
WHEREAS, Lessee desires to renew its lease of the building located on Tract 16, with
certain modifications and to incorporate this renewal into the existing Tract 19 Lease, so that its
lease of the Tract 16 property is subject to the same terms and conditions as the Tract 19 Lease;
NOW, THEREFORE, for and in consideration of the covenants and conditions herein stated,
Lessor and Lessee agree that the Tract 19 Lease is hereby modified as follows:
1. Section 1.01 of the Tract 19 Lease shall be amended to provide in its entirety as follows:
1.01 Leased Premises: Lessor agrees to lease to Lessee certain property owned by Lessor
located at 1994 Airport Loop Road, which location is within the Airport and is more particularly
described as a portion of Tract 16 and all of Tract 19, as described in Attachment A, which is fully
incorporated herein by reference and as further shown on the Airport Leasing Plan, recorded at
Volume 6, Page 331, Plat Records of Kerr County, Texas, as well as the Lessor-owned buildings and
improvements located on said property, including all fixtures, apparatus, and equipment located
therein; said buildings and improvements and land hereinafter being referred to collectively as the
"Leased Premises."
2. Section 3.01 of the Tract 19 Lease shall be amended to provide as follows:
3.01. Base Rent: The paragraph previously numbered 3.01 remains in effect and is hereby
renumbered as Section 3.01.1. Sections 3.01.2 and .3 are hereby added to provide as follows:
2. Lessee agrees to pay Lessor $3.14 per square foot for space leased in the
Tract 16 building, or $654.17 monthly ($7,850.00 annually) for the existing space,
and an additional $510.25 monthly ($6,123.00 annually) for the space that will be
added in the building if and when Lessor completes the construction contemplated on
Tract 16. The referenced lease rate for Tract 16 will be effective on September 1,
2003, but Lessee's obligation to pay rent on the Tract 16 property for the month of
Se~tember will be prorated to reflect the change in due date of rent payments to the
15t of the month from the 1 S` of the month. Lessee shall therefore pay rent on the
Tract 16 property from September 1, 2003 to September 14, 2003 of $305.28.
Thereafter, rent due on the Tract 16 property shall be due on or before the 15`h of
each month, to coincide with the due dates for rental payments for the Tract 19
property, and such payments will be due for a full month's rental, or $654.17. This
Base Rent will be subject to adjustment as set forth in Art. 4.02, below.
3. hz the event that Lessor undertakes to build and complete certain additional
improvements to the building located at 1700 Airport Lop Road, which may include
the addition of concrete slab, walls and 12-foot roll-up door to enclose the portion of
the building which is currently open, but under the roof portion of the existing
building; and adding approximately 1950 square feet of enclosed building space,
Lessee agrees to thereafter lease and occupy said newly enclosed portion of the
building, at the rate of $3.14 per square foot per year, or $510.25 monthly ($6,123.00
annually), upon written notification to Lessee from Lessor that the described
improvements are completed. This Base rental rate shall be subject to adjustment as
set forth in Art. 4.02, below. Within 7 days of said notification, Lessee shall begin to
occupy such additional space. If occupancy begins on the 15`h of a month, a full
month's rent shall be due at that time for the month. If occupancy begins at any
other time during a month, the first month's rent shall be prorated accordingly, at the
rate of $17.00 per day of occupancy. This provision does not obligate Lessor to
undertake the described construction work.
3. Except as amended hereby, Lessor and Lessee agree that the Tract 19 Lease is and shall
remain in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be legally
executed in duplicate this day of , 2003.
LESSOR:
KERRVILLE-KERB COUNTY
AIRPORT BOARD
By:
APPROVED:
CITY OF KERRVILLE, TEXAS
Stephen P. Fine, Mayor
ATTEST:
Brenda G. Craig, City Clerk
APPROVED AS TO FORM:
Michael C. Hayes
City Attorney
LESSEE:
TRIAD MANUFACTURING, LTD., d/b/a
BA PRODUCTS, a Texas Limited Liability
Partnership
By:
Chas Barley, Pres dent, Tri Holdings, Inc.,
Sole General Partner of Triad Manufacturing,
Ltd., d/b/a BA Products, a Texas Limited
Liability Partnership
COUNTY OF KERB, TEXAS
at Tin ey, Kerr County Judge
ATTEST:
J ett Pieper, County Jerk
David M. Motley
Kerr Count Attorney
3
THE STATE OF TEXAS §
COUNTY OF KERB §
This instrument was acknowledged before me on this day of
2003 by Dr. John Davis, Chair, Kerrville-Kerr County Airport Board, for
the KERRVILLE-KERB COUNTY AIRPORT BOARD, on behalf of said BOARD.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF KERB §
This instrument was acknowledged before me on this day of
2003 by PAT TINLEY, County Judge, for COUNTY OF KERB, TEXAS,
on behalf of said COUNTY OF KERB, TEXAS.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF KERB §
This instrument was acknowledged before me on this day of
2003 by STEPHEN P. FINE, Mayor of the CITY OF KERRVILLE,
TEXAS, on behalf of said CITY OF KERRVILLE, TEXAS.
Notary Public, State of Texas
4
THE STATE OF TEXAS
COUNTY OF KERR
This instrument was acknowledged before me on this day of
2003 by Christoper Barley, President, Triad Holdings Inc., Sole General
Partner of TRIAD MANUFACTURING, LTD., d/b/a BA PRODUCTS, a Texas Limited Liability
Partnership, on behalf of such entity.
Notary Public, State of Texas
U:V.egaPA1RPORTCONTRACI~fmtity kale 13A Products (renew bldg-Tract l~ l)82503.dce
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