Res 2004-159 - Laserfiche WebLink

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I I I VOL. 4 0 5 PAGE 20 4 Lessor, either revert to the Lessor's ownership, or the Lessor may require the Lessee to remove the automated fuel dispensing facility and restore Tract 4 to its original condition, including the removal of the fence and concrete slab 2. Article III, Section B is amended to add a subparagraph (3) to read as follows: (3) Rental for Tract A-4 to be utilized for the automated fuel dispensing facility shall be at the rate of $0.20 per square foot per year. The fuel flowage fee of 4% of the cost of all aviation fuel or gasoline delivered to Lessee and the gross receipts fee of 1 % of retail sales will apply to the automated fuel dispensing facility 3. The third paragraph under Article IV, Section A is amended to lead as follows' Lessee, as FBO of the airport, shall be responsible for the upkeep and maintenance of the aviation fuel storage and dispensing facility, and the automated fuel dispensing facility, and shal! maintain the same ir. accordance vv;th al! federal, state and !0ca! reg:..i!at!'Jr-s, standards and requirements. Notwithstanding anything herein to the contrary, Lessee shall be responsible for the cost of repair and/or replacement directly attributed to Lessee's negligence, misconduct or neglect, or the negligence, misconduct or neglect of Lessee's employees, sub-tenants, concessionaires, contractors, invitees or licensees. 4. In all other respects, except as modified in this amendment, all of the terms and provisions of the Lease, including those related to maintenance responsibilities, insurance and indemnification, default and termination, shall remain in full force and effect as to all of the Leased Premises, including Tract 4 This amendment does not amend the term of the Lease. EXECUTED on September 2~2004. LESSOR. City Of San Marcos BY l~'~ Dan O'Leary, City anager LESSEE: Berry Aviation, Inc ~ Harry M. Berry, President 2