Res 2002-085 - Laserfiche WebLink

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r ecP161. AMENDMENT NUMBER ONE TO LEASE OF UNIMPROVED AIRPORT PROPERTY BETWEEN RANDY KERNER AND THE CITY OF SAN MARCOS STATE OF TEXAS COUNTY OF HAYS The City of San Marcos, Texas, a Texas municipal corporation (the "Lessor"), and Randy Kerner (the "Lessee"), d/b/a Kerner Aircraft Services, agree to amend the Lease of Unimproved Airport Property for Construction of Business Facilities (the "Lease") entered into originally on April 11, 2002. The Lessee has requested that the Lease be amended to permit the Lessee to pay his fees to the Lessor on a quarterly basis rather than a monthly basis, and to allow the Lessee to complete the second and third of his proposed three structures within twenty-four months from the date of the execution of his original lease. In consideration of the mutual covenants contained in this amendment, the Lessor and the Lessee agree to amend the Lease as follows: 1. Lessor and Lessee agree to amend Section 2.02 of the Lease as follows (added text is indicated by underlininQ): 2.02. The Lessee agrees to pay to the Lessor a fixed rental in the sum of $.20 per square foot per year for the entire area of the Leased Premises. The annual amount for the fixed rental shall be paid in equal monthly in the amount of $545.40, or Quarterly installments in the amount of $1,636.20, which shall be due and payable on the last day of each month.. or each calendar Quarter, for the succeeding month or calendar Quarter. The Lessee, at its option, may make advance payments of up to one year's fixed rentals, but there will be no discount for these payments. 2. Lessor and Lessee agree to amend Section 2.05 of the Lease as follows (added text is indicated by underlininQ; deleted text is indicated by overstrike): 2.05. As further consideration, the Lessee agrees to pay to the Lessor a monthly fee equal to one percent (1 %) of the Lessee's gross income from all of the Lessee's commercial activity at the Leased Premises, excluding sales or services to federal, state or local governments or other tax exempt organizations or agencies. Payment of this fee, without deduction for facility improvements or any other capital outlay, is to be made on either a monthly or Quarterly basis, within ten days of the last day of the previous month or calendar Quarter. and shall be based on the Lessee's income during the previous month or calendar Quarter. 3. Lessor and Lessee agree to amend Section 3.04 of the Lease as follows (added text is indicated by underlininQ; deleted text is indicated by overstrike): 3.04. The Lessee shall keep the Leased Premises, including ramps, signs, sidewalks, service ways, and loading areas adjacent to the Leased Premises, neat, clean, and free from dirt and trash at all times. The Lessee shall provide containers for all trash on the Leased Premises, and shall arrange for the regular removal of the trash at the Lessee's expense. The Lessee shall be responsible for maintenance of the Taxiways, includinQ cracksealinQ. fillinQ of potholes, and other repairs needed to maintain the paved surface of