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<br />I <br /> <br />I <br /> <br />I <br /> <br />93. <br /> <br />RESOLUTION NO. 2004 - 159 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE TERMS AND CONDITIONS OF <br />AMENDMENT NUMBER ONE TO THE LEASE OF AIRPORT <br />PROPERTY BETWEEN THE CITY AND BERRY AVIATION, INC.; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AMENDMENT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1 On December 22, 1992 the City entered into an agreement (the "Lease") with Berry <br />Aviation Inc. for the Lease of Airport Property. <br /> <br />2. Berry Aviation Inc. requested an amendment the Lease to include an additional area to <br />be equipped with an automated fuel dispensing system. This request was initially approved by the <br />San Marcos City Council on November 11, 2003, but the amendment was never executed by a <br />representative of Berry Aviation, Inc. <br /> <br />3. Because the amendment was never executed, Harry M. Berry, as president of Berry <br />Aviation, has requested that the City Council reconsider his request. <br /> <br />4. The Airport Commission has considered the request of Berry Aviation Inc. and has <br />recommended that the City Council approve the request. <br /> <br />BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1 The attached Amendment Number One to the Lease is approved contingent <br />upon Berry Aviation Inc. executing the amendment within 90 days of passage of this resolution <br /> <br />PART 2. <br /> <br />The City Manager, Dan O'Leary, is authorized to execute the amendment. <br /> <br />PART 3. <br /> <br />This Resolution shall be in full force and effect from and after its passage. <br /> <br />ADOPTEDon September 2J, 2004 <br /> <br />8 ;(.~LJ 11C1(Jftl~ <br /> <br />Susan Narvaiz '- (I <br />Mayor - <br /> <br />Att/l~: <br />J:tMiuJ1!vl/irr,Ju)1/ <br /> <br />J~nis K. Womack <br />City Clerk <br />