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<br />108. <br /> <br />AMENDMENT NUMBER ONE TO LEASE OF AIRPORT <br />PROPERTY AND HANGAR BETWEEN SOUTHWEST TEXAS AVIATION. INC. AND <br />THE CITY OF SAN MARCOS <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />The City of San Marcos, Texas, a Texas municipal corporation (the "Lessor"), and <br />SOUTHWEST TEXAS AVIATION, INC. (the "Lessee"), agree to amend their lease agreement <br />entered into originally on March 28, 1995. <br /> <br />The Lease includes grant funds from the Texas Department of CommercefTexas Department <br />of Housing and Community Affairs Real Estate Development Program, Texas Capital Fund ("TCF"). <br />The Lessor was made aware of a minor discrepancy in the total rental for the hangar located within <br />the leased premises. The original lease amount was for $ 89,155.00 for construction costs. The <br />lease rental amount should have also included "Engineering Cost ¡nthe amount of $ 7,500.00." This <br />would bring the total rental amount to $ 96,655.00. Lessee's monthly payments of $ 402.73 as <br />specified in the original lease for the term of 20 years will not be increased. <br /> <br />Lessor and Lessee agree to amend Section 2.02 of the Lease, to read as follows: <br /> <br />Section 2.02 Rental for the Hangar to be built on the Leased Premises: Afterthe <br />commencement date of this lease, if Lessor receives grant funds from the Texas <br />Department of CommercelT exas Department of Housing and Community Affairs Real <br />Estate Development Program, Texas Capital Fund ("TCF") in at least the amount of <br />the total of the lowest responsible bid on the project and the required engineering or <br />architect's fees, Lessor will construct a metal hangar (the "Hangar") on the Leased <br />Premises. Lessee will pay $ 402-73 per month to the Lessor for rental on the <br />Hangar. Total rental for the Hangar for the lease term is $ 96,655.00. This Hangar <br />along with all fixtures will at all times belong to the Lessor, unless Lessee exercises <br />the Lease Purchase Option provided for in Article 7. In the event that the total of the <br />lowest responsible bid and the engineering or architect's fees exceeds the total of <br />grant funds available for these purposes from TCF, this Lease may be terminated by <br />the Lessor or the Lessee with ten (10) days notice. <br /> <br />In all other respects, except as modified in this amendment, the terms and provisions of the original <br />lease, as amended, shall remain in full force and effect. This amendment shall have the same force <br />and effect as if incorporated in the originalleas6. <br />tiJU¡-tJtJ?t I ~ <br />EXECUTED on .1ttIy -' 2003. <br /> <br />LESSOR: <br />City Of San Marcos <br /> <br />BY: Da;;<~'~:;¡City Manager <br /> <br />;P~~61!W'~ <br /> <br />Janis K. Womack <br />City Clerk <br />