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CITY OF SAN MARCOS, TEXAS <br />SAN MARCOS REGIONAL AIRPORT <br />AMENDED AND RESTATED AIRPORTFACILITY LEASE AGREEMENT <br />FOR COMMERCIAL FBO USE <br />THIS AMENDED AND RESTATED AIRPORT FACILITY LEASE AGREEMENT FOR <br />COMMERCIAL FBO USE <br />(“Lease”)is made between the City of San Marcos, a municipal corporation <br />of the State of Texas (“Lessor”or“City”), and Berry Aviation, Inc., a Texas corporation (“Lessee”), <br />effective as of July 1, 2018 (the “Effective Date). <br />RECITALS: <br />A.Lessor and Lessee entered into that certain Lease of Airport Property effective as of <br />December 12, 1992, as amended by that certain Amendment Number One to Lease of Airport Property <br />dated as of September 28, 2004, and Amendment Number Two to Lease of Airport Property dated as of <br />June 7, 2006 (collectively, the “Original Lease”). <br />B.As an accommodation to Lessor, but expressly subject to the inclusion of the hangar <br />facilities/premises described in the Original Lease in an amended and restated Hangar Lease (as defined <br />below), Lessee has agreed that the hangar facilities leased to Lessee pursuant to the Original Lease will be <br />excluded from this Lease and leased to Lessee pursuant to an amendment and restatement of that certain <br />Revised Lease of Unimproved Airport Property for Construction and Operation of Business Facilities <br />recorded in Volume 215, Page 593, of the Official Public Records of Hays County, Texas (the “Hangar <br />Lease”). <br />C.Lessor and Lessee desire to amend and restate the Original Lease on the terms stated <br />herein. <br />AGREEMENT: <br />NOW, THEREFORE, in consideration of the Recitals, the covenants and obligations set forth <br />herein and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, Lessor and Lessee amend and restate the Original Lease as follows: <br />ARTICLE 1: LEASE OF PREMISES; ACCEPTANCE OF EXISTING CONDITIONS; <br />COMPLIANCE WITH REGULATIONS <br />1.01Airport. Lessor is the owner of the San Marcos Regional Airport (the “Airport”), situated in <br />Caldwell County, Texas, by virtue of deeds from the United States of America. <br />1.02Demise. For and in consideration of, and subject to, the terms, conditions and covenants herein, <br />Lessor hereby demises and leases unto Lessee, and Lessee hereby leases from Lessor, the <br />following described real property (hereinafter referred to as the “Leased Premises”), located at <br />the Airport in Caldwell County, Texas: <br />1 <br /> <br />