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<br />I <br /> <br />I <br /> <br />I <br /> <br />1 01 . <br /> <br />RESOLUTION NO. 2006 - qn R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE TERMS AND CONDITIONS <br />OF AMENDMENT NUMBER TWO TO THE LEASE OF AIRPORT <br />PROPERTY BETWEEN THE CITY AND BERRY AVIATION, INC.; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AMENDMENT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. On December 22, 1992 the City entered into a Lease of Airport Property (the "Lease") <br />with Berry Aviation Inc. a hangar, a portion of the terminal building, and fuel facilities at the San <br />Marcos Municipal Airport. <br /> <br />2. On September 28, 2004, the City and Berry Aviation, Inc. executed Amendment <br />Number One to the Lease to include an additional area to be equipped with an automated fuel <br />dispensing system. <br /> <br />3. The Lease currently expires in December of 2012, and Berry Aviation, Inc. has <br />requested a twenty year extension, with an additional ten year option, to commence at the end of the <br />current term of the Lease, and an amendment to the base !ental rate for the leased premises. <br /> <br />4. The Airport Commission considered the requests of Berry Aviation Inc. at its May 2, <br />2006, meeting and has recommended that the City Council approve the requests. <br /> <br />BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The attached Amendment Number Two to Lease of Airport Property between <br />Berry Aviation, Inc. and the City of San Marcos is approved. <br /> <br />PART 2. The City Manager, Dan O'Leary, is authorized to execute the amendment. <br /> <br />PART 3. This Resolution shall be in full force and effect from and after its passage. <br /> <br />ADOPTED on June 6, 2006 <br /> <br />~ . <br /> <br />Susan Narvai~ <br />Mayor <br /> <br />Attest: <br /> <br />o/tilr4~/~ <br /> <br />Janis K. Womack <br />City Clerk <br />