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140 981670 18 ~ .'~ ./i 7 VOL L.t PAGE tJ'f' AMENDMENT NUMBER THREE TO LEASE OF AIRPORT PROPERTY/BUILDINGS BETWEEN McKEE AVIATION AND AVIONICS, INC. AND THE CITY OF SAN MARCOS, TEXAS STATE OF TEXAS § § COUNTY OF HAYS AND CALDWELL § The City of San Marcos, Texas, a municipal corporation organized and existing under the laws of the State of Texas ("Lessor") and McKee Aviation and Avionics, Inc., ("Lessee"), as a Fixed Base Operator ("FBO") agree to amend the lease agreement entered into between the Lessor and John J. Stokes, Sr. on July 29, 1986; as amended (Amendment Number One) by Lessor and John J. Stokes on July 26, 1988; as assigned from John J. Stokes, Sr. to Joe McKee, dba McKee Aviation, Inc. on January 17, 1990; and as amended (Amendment Number Two) by Lessor and Joe McKee on February 13, 1990 (colle.ctively, the "Original Lease"); This amendment is for the purpose of providing an added area of approximately 10,000 square feet ("Lease Property") to locate two 12,000 gallon above ground fuel tanks. One tank will contain AVGAS and the second tank will contain Jet-A fuel. Lessor authorizes Lessee to dispense A VGAS directly from the self-help pumping facility adjacent to the tanks to individual aircraft, provided Lessee complies with all federal, state and local aviation fuel dispensing laws and standards. Jet-A fuel must be dispensed from a separate truck. Nothing in this Amendment shall affect the terms of the Amendment entered into on February 13,1990 and referred to as Amendment #2. This Amendment shall apply only to the Leased Premises referred to above. I. TERM The term of this Amendment shall commence on October 14 , 1997, and extend for a period of twenty (20) years. II. CONSIDERATION Lessee agrees to pay to Lessor the sum of ten ($.10) cents per square foot per year for the lease of the tract of land described in Exhibit "A" (the "Leased Premises"), amounting to $ 1,000.00 per year. Lessee will also pay to Lessor a fuel flowage fee in the amount of four percent (4%) of the cost of all aviation fuel or gasoline delivered to Lessee for retail sales or other uses. The one percent (1 %) fee for other gross income as set forth in Paragraph 2 of the Agreement signed on July 26,1988 and in Paragraph 4 ("Consideration") of the Original Lease, as amended, remains in effect for all products other than fuel. III. PAYMENT OF RENT/FEES Rental consideration due and payable by Lessee to Lessor pursuant to this paragraph shall be paid quarterly, no later than the tenth (10th) day after the closing of each quarterly payment period. The first payment due under this paragraph shall be due and payable on or before the tenth (10th) day after the execution of this Amendment with subsequent payments being due and payable on or before the tenth (10th) day after the expiration of three (3) months following the date of execution of this Amendment. A copy of invoices, delivery and sales receipts, bills, and other evidence to substantiate the amount of consideration due Lessor shall accompany each variable fee payment by Lessee. Payment of all consideration shall be made to the City of San Marcos, Texas, at 630 E. Hopkins, San Marcos, Texas, 78666. All financial records of Lessee pertaining to the amount of consideration due pursuant to this Amendment shall be subject to audit and inspe.ction by Lessor. IV. DUTIES OF LESSEE ASA FBO A. During all hours of operation, Lessee shall provide, at a minimum, the essential services of retail fuel sales and routine aircraft transient service, public access to its public facilities and amenities, including adequate waiting lounge, restrooms, and a telephone for flight planning. B. Lessee agrees to operate the improvements on the Leased Premises for the use and benefit of the public and further agrees to have at least one fully qualified line service employee on duty at the business location during all hours of operation, and: Î?t::--r«4d 7Ó: CItY OF SAN MARCOS ATTN: Le~al Dept. 630 East op.kins Street San Marcos, TX 78666