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<br />II' -
<br />,...L- 145
<br />
<br />
<br />STATE OF TEXAS
<br />LEASE AMENDMENT NUMBER TWO
<br />COUNTY OF CALDWELL
<br />
<br />WHEREAS, the City of San Marcos, Texas, hereinafter referred
<br />to as uLESSORu, and Miller Air Sports, Inc. entered into a lease
<br />on January 27, 1981, for a portion of the San Marcos Municipal
<br />Airport; and,
<br />
<br />WHEREAS, on May 29, 1986, said Lease was amended by Lease
<br />P Amendment Number One; and,
<br />
<br />I ~E~, on May 29, 1986, said Lease with Men~ent ~~er
<br />'~- One was assigned to Hearne Aviation Company, Inc.; and,
<br />
<br />WHEREAS, on June 4, 1986 the corporate name of Hearne
<br />Aviation Company, Inc. was changed to Southwest Texas Aviation,
<br />Inc. hereinafter rrLESSEEu, by Certificate of Amendment issued by
<br />the Secretary of State of the State of Texas; and,
<br />
<br />WHEREAS, the parties to said lease, the City of San Marcos,
<br />Texas and Southwest Texas Aviation, Inc. desire to amend their
<br />Lease; now therefore,
<br />
<br />LESSOR and LESSEE agree to amend their lease agreement by
<br />substituting the fol10wing for paragraph 3:
<br />~
<br />3. Consideration:
<br />
<br />As consideration and rental for the demised premises, LESSEE
<br />agrees to pay to LESSOR the sum of five cents ($ .05) per
<br />square foot per year, payment to be made in advance and on
<br />each anniversary date of this lease. LESSEE agrees to
<br />conduct and operate a non-exclusive operation in accordance
<br />with the provisions in paragraph 5 hereinafter set out for a
<br />(. term of twenty (20) years, provided however, the rental fees
<br />due under the lease shall be reviewed every (5) years in
<br />t relation to the consumer, price index and escalated
<br />- accordingly, provided that the original rental fees shall not
<br />be diminished. The LESSEE agrees to pay to the LESSOR an
<br />annual fee equal to 19-ö of the gross revenues of all of
<br />LESSEE's commercial operations at or using the facilities of
<br />the San Marcos Municipal Airport, excluding aircraft sales
<br />and any sales or services to federal, state or local
<br />governments or other tax exempt agencies. LESSEE shall
<br />provide to LESSOR any business records reasonably necessary,
<br />as deemed by LESSOR, to verify the amount of said annual fee.
<br />
<br />All provisions of the original lease dated January 27, 1981,
<br />including the Lease Amendment Number One dated May 29, 1986 and
<br />the Assignment of Lease to Hearne Aviation Company, Inc., now
<br />known as Southwest Texas Aviation, Inc., dated May 29, 1986, which
<br />are not amended by this Lease Amendment Number Two shall remain in
<br />full force and effect.
<br />
<br />Executed in duplicate originals this 10th day of May,
<br />A.D., 1993.
<br />
<br />CITY OF SAN MARCOS, TEXAS
<br />
<br />
<br />) )y7 of j¿j¿
<br />,~ Larry D - Gi 11 ey , dt,t y Manager
<br />Attest: .
<br />
<br />cff fVn~7Ym4~J
<br />
<br />J~lÍ.1S K. Womack
<br />City Secretary
<br />
<br />SOUTHWEST TEXAS AVIATION, INC.
<br />
<br />~ -=??~// 4.¿~
<br />~11 Stallin~ ÿ-
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