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Lessee to remove the automated fuel dispensing facility and restore Tract 4 to <br />its original condition, including the removal of the fence and concrete slab. <br /> <br />2. Article III, Section B is amended to add a subparagraph (3) to read as follows: <br /> <br /> (3) Rental for Tract A-4 to be utilized for the automated fuel dispensing facility shall <br />be at the rate'of $0.20 per square foot per year. The fuel floWage fee of 4% of the cost of <br />all aviation fuel or gaSoline delivered to Lessee and the gross receipts fee of 1% of retail <br />sales will apply to the automated fuel dispensing facility. <br /> <br />3. The third paragraph under Article IV, Section A is amended to read as follows: <br /> <br />Lessee, as FBO .of the airport, shall be responsible for the upkeep and maintenance of the <br />aviation fuel storage and dispensing facility, and the automated fuel dispensing facility, and <br />shall maintain the same in accordance with all federal, state and local regulafionsl standards <br />and requirements. Notwithstanding anything herein to the contrary, Lessee shall be <br />responsible for the cost of repair and/or replacement directly attributed to Lessee's <br />negligence, misconduct or neglect, or the negligence, misconduct or neglect of Lessee's <br />employees; sub-tenants, concessionaires, contractors, invitees or licensees. <br /> <br />4. In all other respects, except as modified in this amendment, all of the terms and provisions of the <br />Lease, including those related to maintenance responsibilities, insurance and indemnification, <br />default and termination, shall remain in full force and effect as to all of the Leased Premises, <br />including Tract A-4. This amendment does not amend the term of the Lease. <br /> <br />EXECUTED on November 11 , 2003. <br /> <br />LESSOR: <br />CitY of San MarCos <br /> <br />Dan O'Leary, City Manager <br /> <br />LESSEE: <br />Berry AviatiOn, 'INC. <br /> <br />Harry M. Berry, President <br /> <br />STATE OF TEXAS ' <br /> <br />COUNTM OF HAYS ' <br />This instrument was acknowledged befOre me on ~.l('!'~"~t~2~C [~, ~_~ y Dan O'Leary, <br />known persOnally to 'me to be the CitY Manager o,f the City of San Mar~;os, on behalf of the City <br />of San MarcOs. <br /> <br />Notary seal <br /> <br />Nothr~ Public, ~;tate of Texas <br /> <br />2 <br /> <br /> <br />