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<br />59 <br /> <br /> <br /> <br /> <br /> <br /> <br />STATE OF TEXAS <br />LEASE AMENDMENT NUMBER ONE <br />COUNTY OF CALDWELL <br /> <br /> <br /> <br /> <br />KNOW ALL PERSONS BY THESE PRESENTS, THAT: <br /> <br /> <br />The City of San Marcos, Texas, a municipal corporation organized <br />and ex~sting under the laws of the State of Texas, acting under <br />authority conferred on its Mayor, J.E. Younger, hereinafter referred to <br />as "LESSOR" and James W. Miller (dba Hiller Air Sports, Inc.), <br /> <br />here~nafter referred to as "LESSEE", do hereby agree and contract to <br /> <br />amend their lease agreement executed January 27, 1981, attached hereto <br />as EXhibit A-I. <br />LESSOR and LESSEE hereby agree to amend and substitute Paragraphs <br />3,4, l2A, and 15 of said lease agreement, as follows: <br />3. Consideration <br /> <br />As cons~deration and rental for the demised premises, <br />LESSEE agrees to pay to LESSOR the sum of five cents <br />($.05) per square foot per year, payment to be made in <br />advance and on each anniversary date of this lease. <br />LESSEE agrees to conduct and operate a non-exclusive <br />operation in accordance with the provisions in paragraph <br />5 hereinafter set out for a term of twenty (20) years, <br />prov ided, however, the sum of the lease shall be <br />reviewed each f~ve (5) years in relation to the consumer <br />price index and escalated accordingly, provided that the <br />or~g~nal SU1ì1 shall not be diminished. The LESSEE agrees <br />to pay to the LESSOR an annual fee equal to 1% of the <br />adjusted gross income of all commercial activity, <br />exclud~ng aircraft sales and any sales or services to <br />federal, state, or local goverITffients or other tax exempt <br />agencies. LESSEE shall provide to LESSOR any business <br />records reasonably necessary, as deemed by LESSOR, to <br />verify the amount of said annual fee. <br /> <br />4. Use of Demised Premises. <br /> <br />LESSEE is hereby granted the non-exclus~ve privilege to <br />engage ~n the business operations and services <br />hereinafter described: <br /> <br />A. Repair, modification, and maintenance of aircraft. <br /> <br />B. Flight instruction, ground school, aircraft <br />charter, and leasing. <br /> <br />C. Sale of aircraft, aircraft supplies, and parts. <br /> <br />D. Car rental and other customer support to aviation <br />customers. <br />