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CITY OF SAN MARCOS, TEXAS <br />SAN MARCOS REGIONAL AIRPORT <br />AMENDED AND RESTATED REVISED LEASE OF UNIMPROVED PROPERTY FOR <br />CONSTRUCTION AND OPERATION OF BUSINESS FACILITIES <br />THIS AMENDED AND RESTATEDREVISED LEASE OF UNIMPROVED PROPERTY <br />FOR CONSTRUCTION ANDOPERATION OF BUSINESS FACILITIES <br />(“Lease”)is made <br />between the City of San Marcos, a municipal corporation of the State of Texas (“Lessor”or“City”), and <br />Berry Aviation, Inc., a Texas corporation (“Lessee”), effective as of July 1, 2018 (the “Effective Date). <br />RECITALS: <br />A.Lessor and Lessee entered into that certain Revised Lease of Unimproved Property for <br />Construction and Operation of Business Facilities effective as of April 12, 1999 ( the “Original Lease”). <br />B.As an accommodation to Lessor, and subject to amendment and restatement of the FBO <br />Lease (as defined below) in form agreed by Lessor and Lessee, Lessee has agreed that the hangar <br />facilities leased to Lessee pursuant to that certain Lease of Airport Property effective as of December 12, <br />1992, as amended by that certain Amendment Number One to Lease of Airport Property dated as of <br />September 28, 2004, and Amendment Number Two to Lease of Airport Property dated as of June 7, 2006 <br />(collectively, the “FBO Lease”) will be excluded from the FBO Lease and included herein. <br />C.Lessor and Lessee desire to amend and restate the OriginalLease 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 />1.01 <br />Airport. 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 />1.02 <br />Demise. 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 />