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FIRST AMENDED AND RESTATED LEASE OF SAN MARCOS PARK PREMISES <br />BETWEEN THE CITY OF SAN MARCOS AND THE SAN MARCOS LIONS CLUB <br />This First Amended and Restated Lease of San Marcos Park Premises (this "Lease") is <br />made between the City of San Marcos, Texas, a municipal corporation (the "Lessor") and San <br />Marcos Lions Club (the "Lessee") and amends that certain Lease between Lessor and Lessee dated <br />as of April 11, 2011, as renewed. <br />Article 1. Lease of Premises; Acceptance of Existing Conditions; <br />Compliance with Regulations <br />1.01. Leased Premises: In consideration of the obligation of the Lessee to pay rent and in <br />consideration of the other terms, covenants and conditions of this Lease, the Lessor leases to the <br />Lessee, and the Lessee leases from the Lessor that approximately 4720 square foot portion <br />(indicated by shading) of the City Recreation Building and adjacent sidewalks (indicated by dashed <br />lines) as shown in Exhibit "A", attached hereto and made a part hereof for all purposes (the "Leased <br />Premises") in Hays County, Texas. The Lessor agrees that the Lessee shall also have access to <br />and shared use of the public parking lot adjacent to the leased Premises and the public restrooms <br />in the City Recreation Building, all as shown in Exhibit "A", subject to Lessor's exclusive control <br />and management of said public facilities. <br />1.02. No Warranty: The Lessee acknowledges that 1) the Lessor makes no representations <br />or warranties regarding the suitability of the Leased Premises for the Lessee's intended purposes, <br />or the presence of environmental, geologic, or other site conditions that may affect the Lessee's <br />use of the Leased Premises; 2) the Lessee accepts full responsibility for determining the suitability <br />of the Leased Premises for its intended purposes; and 3) the Lessee has inspected the Leased <br />Premises to satisfy itself as to the suitability of the Leased Premises for its intended purposes. <br />1.03. Compliance With Rules: In addition to other requirements in this Lease, Lessee <br />agrees to comply with all ordinances, rules and regulations governing City Park within which the <br />Leased Premises are located. <br />Article 2. Term, Rent and Contributions <br />2.01. Term: The third five-year renewal of the Lease shall commence effective as of April <br />11, 2021 and shall expire on April 10, 2026. This Lease may be renewed for up to two additional <br />terms of five years, each upon mutual agreement of Lessee and Lessor. <br />2.02. Rent: The Lessee agrees to pay to the Lessor a fixed rental in the sum of $11,900.00 <br />per year. Rent shall be paid annually by September 30 at the place designated for notices below. <br />Unless otherwise agreed at the time of any renewal under paragraph 2.01, the annual rent during <br />any renewal period shall be as follows: <br />April 11, 2026 through April 10, 2031 $12,500.00 <br />April 11, 2031 through April 10, 2036 $13,150.00 <br />