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<br />2.02. The Lessee agrees to pay to the Lessor a fixed rental in the sum of $.10 per square <br />foot per year for the entire area of the Leased Premises. The annual amount for the fixed <br />rental shall be paid in equal monthly installments in the amount of $ 122.50, which shall <br />be due and payable on the last day of each month for the succeeding month. The Lessee, <br />at its option, may make advance payments of up to one year's fixed rentals, but there will <br />be no discount for these payments. <br /> <br />2.03. Lessee will construct a metal hangar (the 'hangar") on the Leased Premises which <br />will constitute a minimum investment of $200,000.00 in capital improvements. Under no <br />circumstances will the Lessor be responsible for the cost of any improvements made by <br />the Lessee that exceed the fixed rental fees due and payable during the term of this Lease. <br /> <br />2.04 As further consideration, the Lessee agrees to pay to the Lessor a percentage rental <br />in the form of a monthly fee equal to one percent (1 %) of the Lessee's gross income from <br />all of the Lessee's commercial activity at the Leased Premises, excluding sales or services <br />to federal, state or local governments or other tax exempt organizations or agencies. <br />Payment, without deduction for facility improvements or any other capital outlay, is to be <br />made within ten days of the last day of the previous month and shall be based on the <br />Lessee's income during the previous month. <br /> <br />2.05 The Lessee agrees to pay to the Lessor a monthly fee for the use of tie-down or any <br />other Airport facilities for aircraft, motor vehicles or any other equipment or items which are <br />outside of the Leased Premises and under the custody and control of the Lessee or its <br />employees, agents or customers. The facilities will be charged at the then established <br />standard rental or use fee prescribed by the Lessor. <br /> <br />2.06 The Lessee shall provide access to the Lessor, upon reasonable notice, to all <br />business records necessary to verify the amount of fees and/or percentage rental due <br />under this Lease. If this Lease commences or terminates on a day other than the first day <br />of a month, all monthly rents and fees payable by the Lessee for the first month under this <br />Lease shall be prorated accordingly. <br /> <br />2.07. The Lessor agrees that the revenue derived from this Lease will be allocated toward <br />maintenance and improvement of the Airport. This requirement is not mandatory, however, <br />unless it is required by existing indenture or agreement with the United States government. <br /> <br />2.08. If the Lessee fails to pay any rent or any other sum payable to the Lessor under the <br />terms of this Lease when due, then interest at the maximum legal rate in the State of Texas <br />shall accrue from the date on which the sum became due and payable. <br /> <br />2.09. The term of this Lease shall commence on , 1998 and shall <br />extend for a period of thirty (30) years. At the end of the first twenty (20) years of this <br />Lease, the fixed rental rate provided for in Paragraph 2.02 above shall be increased to the <br />then prevailing market rate as determined by the City of San Marcos, for remaining lease <br />