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<br />. <br /> <br />e <br /> <br />annual rental rate of Twelve Hundred Fifteen and 32/100 <br />Dollars ($1,215.32) per acre for the lease year beginning <br />January 1, 1993. This rate results in a total 1993 lease <br />year ground rental for the Leased Premises of Thirty- <br />six Hundred Forty-five and 97/100 Dollars ($3,645.97). <br /> <br />B. The actual rental rate shall be determined prior to <br />January 1st of each lease year and shall be effective for <br />that lease year. <br /> <br />C. In the event that the united states Department of Labor <br />discontinues publication of the above index or data from <br />which the index can be directly computed, or if the <br />method for the determination of such index is <br />substantially different than that existing at the time <br />this Agreement and Lease is executed, the basis for the <br />rental rate adjustment shall be the most closely <br />comparable index published by the u.s. Government. <br /> <br />2. The parties recognize that Lessee shall lease to tenants, <br />facilities for the storage and/or tie-down of aircraft within <br />leased properties described as "Designated Use Area" on Exhibit <br />"A". The Lessee shall have the right to provide additional T- <br />Hangar or tie-down facilities on the property leased herein, but <br />any such additional facility shall only be provided after specific <br />written authorization from the Lessor. Additional facilities shall <br />be provided only in areas specifically authorized by the Lessor and <br />shall be hardsurfaced rather than grass areas. The parties further <br />agree that no aircraft will be tied-down on grass surface areas <br />within Lessee's leased premises after the year 1994. <br /> <br />3. The rental above provided for during the term of this <br />Agreement and Lease shall be paid monthly, in sum equal to 1/12 of <br />the annual rental due hereunder, in advance on the first day of <br />each and every month. In the event that this Agreement and Lease <br />commences or terminates other than on the first or last day of the <br />month, pro-rata payments shall be made for the fractional part of <br />a month involved. <br /> <br />4. The Lessor is entitled to collect and the Lessee agrees to <br />pay, all rentals due under this Agreement and Lease to the City of <br />La Porte, La Porte Municipal Airport, La Porte, Texas, without <br />notice to the Lessee. Rentals more than thirty (30) days past due <br />may be subject to a service charge of one percent (1%) per month, <br />based on an annual rate of 'twelve percent (12%). <br /> <br />5. Without prejudice to any other remedy which otherwise might <br />be used for arrears of rent or other breach of this Agreement, if <br />the Lessor is required or it elects to pay any sum or incurs any <br />obligations or expense, by reason of a failure, neglect or refusal <br />of the Lessee to perform anyone or more of the terms, conditions <br />or covenants of this Agreement and Lease or as the result of any <br /> <br />3 <br />