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36 RESOLUTION 1984-114R A REEDWTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. 110 THAT LEASE AGREEMENT BETWEEN KENNETH MEIX:ALF AND THE CITY OF SAN MARCOS, TEXAS, OF MARCH 11, 1980; AUTHORIZING THE MAYOR OF SAID CI TY 10 EXECUTE SAID AMENDMENT NO.1 AND DECLARING AN EFFECTIVE DATE. WHEREAS, a lease agreement exists between Kenneth Medcalf and the City of San Marcos, Texas, for a portion of a T-Hangar facility at the San Marcos Municipal Airport for use as an airplane maintenance facility, such lease having been executed on March 11, 1980; and, WHEREAS, such lease, at Article XVIII on page 9, provides that "Medcalf shall not assign or sublease this lease without first obtaining the prior written approval of the City, which approval shall not be unreasonably withheld. No sublease or assignment of lease shall ever be given except for the purpose and uses authorized hereby."; and, WHEREAS, Kenneth Medcalf has requested, through the Ai rport Manager that an amendment be made to such lease to mod ify such provision at Article XVIII on page 9 of the lease, in order that Kenneth Medcalf may request the City's prior approval for subleasing or assignment by Kenneth Medcalf of the lease for a purpose or use other than that of an airplane maintenance facility; and, WHEREAS, the Airport Manager and the San Marcos Airport Commission have reviewed the said provision at Article XVIII on page 9 of the lease, the request for modification by Kenneth Medcalf, and the conditions, circumstances and needs of the San Marcos Municipal Ai rport, and recomrœnd that Amendment No. 1 be approved by the City Council of the City of San Marcos, Texas; now, therefore, BE IT REEDLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That the terms and conditions contained in Amendment No. 1 to that lease agreement between the City of San Marcos, Texas and Kenneth Medcalf of March 11,1980 for a portion of a T-Hangar facility at the San Marcos Municipal Airport for use as an airplane maintenance facility be, and the same are hereby, approved in all respects, a copy of said Amendment No.1 being attached hereto and incorporated herein for all intents and purposes. PART 2. That the Mayor of the City of San Marcos, Texas, EhImie Craddock, be, and she is hereby, authorized to execute said Amendment No.1 on behalf of said City. PART 3. That this Resolution shall be in full force and effect from and after its passage. ADOPTED this 17 day of December ,1984. ~c?~ Ðnmie Craddock Mayor Atte~ ~ ~ ' .~ J is K. Womack Ci ty Secretary