Res 2004-159 - Laserfiche WebLink

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I I I 11n! 4 0 5 r!',:~ 20394. O.17a~2 AMENDMENT NUMBER ONE TO LEASE OF AIRPORT PROPERTY BETWEEN BERRY AVIATION, INC. AND THE CITY OF SAN MARCOS STATE OF TEXAS 9 9 9 COUNTY OF HAYS The City of San Marcos, Texas, a Texas municipal corporation (the "Lessor"), and Berry Aviation, Inc (the "Lessee"), agree to amend their lease agreement (the "Lease") entered into on December 12, 1992, related to a tract of property at the San Marcos Municipal Airport in Caldwell County, Texas The Lease is recorded in Volume 308, page 28 of the Caldwell County Official Public Records. The Lessee has requested that the Lease be amended to add an area of property upon which the Lessee would install, operate and maintain an automated aviation fuel dispensing system The Lessor is willing to amend the Lease to permit this under the terms and conditions of this amendment. In consideration of the mutual covenants contained in this amendment, the Lessor and the Lessee agree to amend the Lease as follows 1. Article I of the Lease is amended by adding Sections C and D to read as follows' C. Premises Leased for Automated Fuel DispensinQ Facility. That certain parcel of land, located at the airport and designated as Tract A-4, as more fully described in the attached Exhibit A-4, consisting of approximately 75 square feet, which shall be used by the Lessee to install, operate and maintain an automated fuel dispensing facility. The following requirements shall apply to this automated fuel dispensing facility: (1) The automated fuel dispensing facility will consist of one 1,000 gallon above- ground fuel tank and associated pumps and dispensing equipment, substantially similar to the tank depicted in the attached Exhibit B. The tank, pumps and equipment shall be mounted on a concrete slab, and a security fence shall be installed to enclose the entire area and prevent unauthorized entry. (2) The Lessee shall begin the construction of the aUIe,mated fuei dispenSing faciiity within 90 days of the effective date of this Amendment. The Lessee shall diligently and continuously pursue the construction to completion, and shall fully complete the construction within one year of the effective date of this Amendment. Any delay or lack of progress in the construction will constitute a default by the Lessee, and will authorize the Lessor to pursue all remedies available to Lessor for Lessee's default as described in the Lease. The effective date of this Amendment is the date it is executed by the City. (3) Lessee shall dispense only AVGAS fuel from the automated fuel dispensing facility to individual aircraft During all hours of operation of the automated fuel dispensing facility, the Lessee will ensure that a qualified and trained attendant is present on the Airport property (4) Upon any termination of the Lease, either by the expiration of the term of the lease or by default, the automated fuel dispensing facility will, at the option of the 1