Appendix III. AMENDMENT TO LEASE (SECTION 406)

("Exhibit A" in Ord. No. 8461)

THIS AGREEMENT, by and between the City of Tulsa, Oklahoma, a Municipal Corporation, herein called City, and N.G. Henthorne, E. Fred Johnson, Richard Lloyd Jones, Jr., Wade C. Whiteside and James L. Maxwell, as Trustees of the Tulsa Municipal Airport Trust, second party, herein called Trustees,

W I T N E S S E T H:

That for and in consideration of the mutual promises and terms, covenants and conditions herein set forth, the parties have agreed and hereby agree as follows:

1.

The Lease heretofore entered into by and between the City of Tulsa, Oklahoma, as Lessor, and N.G. Henthorne, Richard Lloyd Jones, Jr., E. Fred Johnson, Sid W. Patterson and George E. Norvell, as Trustees of the Tulsa Municipal Airport Trust, which Lease was duly executed on the 6th day of August, 1957 and recorded in Book 2803, page 131, of the records of the Tulsa County Clerk, on the 9th day of August, 1957, covering the following described lands in Tulsa County, Oklahoma, to-wit:

All of that part of the S 1/2 of Section 13 and all that part of the N 1/2 of Section 24, Township 20 North, Range 13 East, particularly described as follows: Beginning at the northeast corner of the SE 1/4 of said Section 13; thence west along the north boundary of the SE 1/4 of said Section 13 to the northwest corner of the SE 1/4 of said Section; thence south along the half section line of said Section 13 to a point in the half section line 1565 feet north of the south boundary of said Section 13; thence wouthwesterly (sic) along a line bearing south 14;deg; 37' west a distance of 655.30 feet to a point 200 feet east of the east boundary of the taxiway now constructed, which point is 165.34 feet west of the half section line of said Section 13 and 931.06 feet north of the south boundary of said Section 13;

Thence in a southwesterly direction and parallel to said taxiway and 200 feet east from the east boundary of said taxiway on a bearing south 3;deg; 4' 30" west a distance of 1537.65 feet to a point in the NE 1/4 of the NW 1/4 of Section 24, Township 20 North, Range 13 East and which point is 604.38 feet south of the north boundary of said Section 24 and 247.83 feet west of the north-south half section line of said Section 24; thence in a southeasterly direction and parallel to the south boundary of the concrete apron of the maintenance base of the American Airlines on a bearing south 76;deg; 00' 58" east a distance of 2978.32 feet more or less to the east boundary of said Section 24; thence north and along the east boundary of Section 24 and 13, to the northeast corner of the SE 1/4 of said Section 13, the point of beginning, is hereby amended in the manner hereinafter set out.

2.

Said Lease shall expire fifty (50) years from the last day of the month in which the construction and installation of improvements undertaken by the Trustees shall be completed, as evidenced by (1) the certificate of completion of the Trustees and American Airlines, Inc., countersigned by Coston-Frankfurt-Short, as Architects, of Oklahoma City, Oklahoma, stating that such improvements have been substantially completed and are ready for occupancy by American Airlines, Inc., stating the date on which completion occurred and setting forth in reasonable detail the final cost of such improvements and listing all items of equipment included in such improvements, (2) a certificate of completion of Trustees, endorsed to show the acceptance of American Airlines, Inc., stating that all items of equipment constituting a part of such improvements have been acquired and installed and are ready for use by American Airlines, Inc. and stating the final cost of such equipment, and (3) a certified copy of any other certificate or permit which may be required by any Federal, State or local government or agency in connection with the occupancy thereof by American Airlines, Inc.

3.

Section 2 of said Lease is hereby amended by adding the following paragraph thereto:

"The Trustees are hereby given and granted an easement over and under the railway right-of-way owned by Lessor and used as a spur track serving the maintenance depot on the above-described property and over and under the park property of the City of Tulsa for the purpose of maintaining and operating the transit waste disposal line located as follows: beginning at the center of Section 13 and continuing north paralleling and 25 feet from the railroad track as established on said right-of-way to the north line of Section 13, thence in a generally northwesterly direction across the park property of Lessor to the Southwest corner of the Northeast Sewage Disposal Plant on said Disposal Plant property, attaching to and entering the effluent line of said plant at the outfall manhole known as Manhole "B", all as shown on the plat attached hereto and made a part hereof."

4.

Section 6 of said Lease is hereby amended by inserting "(a)" after the heading and by adding a new paragraph (b) to read as follows:

"(b) Lessee agrees to cause American Airlines, Inc. or any successor operator of the maintenance depot located on the demised premises (i) to indemnify Lessor and hold it harmless to the extent of any injury or loss suffered or incurred by Lessor which is caused by and directly traceable to the disposal of industrial waste from such maintenance depot through the effluent line of Lessor's Northeast Sewage Disposal Plant, and (ii) to maintain the transit waste disposal line referred to in paragraph 2 hereof and the oil separator equipment installed in connection therewith as long as it uses the same in good state of repair at its own expense; provided, that American Airlines, Inc. or any such successor shall have the right, at its own election and determination, to remove said line and separator equipment if at any time it ceases to require the use of said line and may abandon or otherwise dispose thereof, and provided further that if said line is disposed of to another purchaser then such purchaser desiring or intending to use said line in place must, prior to any use of said line, obtain the approval of the City of Tulsa of such use."

5.

Section 7 of said Lease is hereby amended by adding at the end thereof the following:

"Lessor agrees to keep open for such use the taxi-way now extending from the southwesterly corner of the above described premises to the easterly side of taxiway No. VIII and across said taxiway No. VIII to the easterly side of the north-south 10,000 foot runway at the Tulsa Municipal Airport for all such purposes of ingress to and egress from said Tulsa Municipal Airport by aircraft. Lessor further covenants and agrees to permit waste disposal to be emptied into and through the effluent line leading from Lessor's Northeast Sewage Disposal Plant at Manhole "B", as described in Paragraph 2 of this lease, provided that oil shall have been removed from such waste by the use of oil separators approved by Lessor."

6.

Except as herein amended said Lease from the City of Tulsa, as Lessor, to the Trustees of said Municipal Airport Trust, as Lessee, dated August 6, 1957 and recorded as above described, shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment to Lease this 27th day of May, 1958.

CITY OF TULSA, OKLAHOMA

By  _____
Chairman of the Tulsa
Airport Authority

	/s/ James L. Maxwell       Mayor

ATTEST:

/s/ Raymond Hoagland       Deputy City Auditor

(SEAL)

APPROVED:

/s/ Darven L. Brown       City Attorney

_____
N.G. Henthorne

_____
E. Fred Johnson

	/s/ Richard Lloyd Jones, Jr.       Richard Lloyd Jones, Jr.

_____
Wade C. Whiteside

	/s/ James L. Maxwell       James L. Maxwell

Trustees of Tulsa
Municipal Airport Trust

LESSEE

[ACKNOWLEDGMENTS]