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<br /> ---- 184 PAGE 553 <br /> VOL persons and property. Lessee shall have full responsibility for the refueling and parking of all aircraft <br /> which are being serviced by Lessee. The contents of aircraft parked in the refueling area are the sole <br /> responsibility of the Lessee, and Lessor is specifically released from, and without limitation, any <br /> liability or responsibility for setting of parking brakes. placing of chocks or blocks, and the refueling <br /> of the aircraft. Lessor shall have no responsibility at any time to move any aircraft. Lessor shall not <br /> be responsible or liable to Lessee or those claiming by. through, or under Lessee for any defects, <br /> latent or otherwise. in the plans and specifications for construction of and operation of the leased <br /> premises. <br /> B. Improvements. No structures, improvements or fixtures of any kind shall be <br /> constructed or placed by Lessee on the Leased Premises. without the express written approval of <br /> Lessor. Any such approval shall be attached to and shall become a part of this Amendment. <br /> Lessee covenants and agrees to furnish a copy of all San Marcos Municipal Airport rules and <br /> regulations to all its aircraft storage hangar and parking area lessees. Lessee further agrees to <br /> abide by such rules as may be established from time to time by Lessor pertaining to the use of the <br /> airport premises leased to Lessee. <br /> C. Taxes on Personal Property. During the term of this Lease, Lessee agrees that it <br /> shall pay any and all taxes due on any personal property located on the Leased Premises. <br /> D. Access To Other Property. During the term of this Amendment. Lessor agrees <br /> Lessee shall have unrestricted access to the runways, taxiways and ramps now in existence at <br /> airport to the same extent that any other parties may have use. However, Lessee's use of the airport <br /> ramp area for an uninterrupted period of 72 hours or longer shall be subject to payment by Lessee <br /> of the tie-down fee or public use fee established by Lessor. if any. <br /> E. Deadlines Whenever any payment is to be made under this amendment at or within <br /> a stated time. and whenever any act is to be done under this Amendment. by either party, at, or <br /> within a stated time, time shall be of the essence. <br /> F. Severability. Any word, group of words, phrase, sentence, paragraph or provision <br /> prohibited by law, or decision by a court of final jurisdiction shall be ineffective to the extent of such <br /> prohibition without invalidating the remaining provisions. The remaining provisions shall be in force <br /> and interpreted without the offending clause. <br /> G. Notices. All notices required to be given to the Lessor shall be given by certified mail, <br /> retum receipt requested. addressed to the City Manager, City of San Marcos, 630 East Hopkins, San <br /> Marcos, Texas. 78666. All notices required to be given to the Lessee shall be given by certified mail, <br /> retum receipt requested. addressed to McKee Aviation, Inc., 1'838 Airport Drive, San Marcos, Texas <br /> 78666. Both parties may designate in writing from time to time substitute addresses or persons in <br /> connection with the notices. <br /> H. Relationship of Parties. It is mutually understood and agreed by the parties that <br /> nothing contained in this Amendment is intended, or shall be construed, to create or establish the <br /> relationship of co-partners or joint venturers between the parties or as constituting Lessee as the <br /> agent or representative of Lessor for any purpose or in any manner. <br /> I. Entire Agreement. The foregoing instrument in writing along with the Original Lease <br /> and the Minimum Standards for FBO and Airport Tenants and the Standard Operating Procedures, <br /> constitute the entire Agreement, there being no other written or parol agreement with any officer or <br /> employee of either party. Amendment to this Agreement may be made either in writing executed by <br /> both parties or, as allowed by the Minimum Standards, by the San Marcos City Council with notice <br /> and a hearing. <br /> In all other respects, except as modified, the terms and provisions of the original lease shall remain <br /> in full force and effect. This Amendment shall have the same force and effect as if incorp.orated in <br /> the original lease. Where a conflict in the terms and conditions contained in an Amendment and the <br /> Original lease, the latter document controls. <br /> 7 <br />