Res 2022-259R/approving a two year commercial ground lease of property at the San Marcos Regional Airport with Gryphon aviation, inc., doing business as Texas State Aviation

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responsibility for determining the suitability of the Leased Premises for its intended purposes; 3) the Lessee has inspected and performed all tests and investigations of the Leased Premises for its intended purposes; and 4) the Lessee is accepting the Leased Premises in their present condition, and the Lessee agrees to perform all preparation, repairs, remediation, and other activities necessary to the use of the Leased Premises for the Lessee's intended purposes. 1.03. Lessee agrees to comply with any Standard Operating Procedures and Regulations, any Minimum Standards for Airport Users, and any other such standards which may be promulgated by Lessor for users of the Airport, as they may now exist or may be amended during the term of this Lease (herein collectively described as the "Minimum Standards") and any conflict between this Lease and these procedures, regulations, and standards will be resolved in favor of the Minimum Standards. 1.04. The Lessor covenants and agrees that during the term of this Lease it will operate and maintain the Airport and its facilities as a public airport consistent with and pursuant to the sponsor's assurances given by the Lessor to the United States Government and/or the State of Texas; and the Lessee agrees that this Lease and the Lessee's rights and privileges hereunder shall be subordinate to the sponsor's assurances and commitments. 1.01. The Lessor agrees that the Lessee, and its agents, contractors, employees, invitees, and licensees, shall have the right of ingress and egress to and from the Leased Premises by means of roadways for automobiles and taxiways for aircraft including access during the construction phase of airport improvements, unless otherwise agreed to in writing by both parties. Such rights shall be consistent with the rules and regulations with respect to the occupancy and use of airport premises as adopted from time to time by the City of San Marcos and by the Federal Aviation Administration or any other state, federal or local authority. ARTICLE 2: RENT AND TERM OF AGREEMENT 2.01. Rental shall accrue commencing upon execution of this Lease. Rent shall be payable at the place designated in Section 2.07. 2.02. The Primary Term of this Lease will commence on November 1 2022 (the "Commencement Date") and will extend for a period of 2 years. The Primary Term of this Lease shall expire on October 31, 2024 . 2.03. Lessee hereby promises and agrees to pay Lessor a fixed rental in the sum of $_2.20_ per square foot per year for the entire square footage of the Leased Premises during term of this Lease. Based on the charges per square foot as set forth above in this Section 2, the annual amount for the fixed rental shall be paid in equal monthly installments in the initial amount of $515.53, which amount may be prorated if necessary provided Lessee is not in breach or default, or has not failed to do any act required hereunder. The Lessee, at its option, may make advance payments of up to one (1) year's fixed rentals, but there will be no discount for these payments. Page 2 of 21