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FIRST AMENDMENT TO LEASE <br /> SAN MARCOS MUNICIPAL AIRPORT,ADS-13 RADIO STATION SITE SV135-01 <br /> This First Amendment ("Amendment") is made by and between L3Harris Technologies, Inc., <br /> ("Lessee")a Delaware corporation, and the City of San Marcos,a Texas home-rule municipal corporation <br /> ("Lessor"). This amendment is effective as of the date of the last signature below("Effective Date").This <br /> Amendment may refer to L3Harris and the City of San Marcos collectively as the"Parties,"or individually <br /> as a "Party." <br /> RECITALS <br /> WHEREAS, the original ADS-13 radio station site lease agreement ("Agreement") originally dated <br /> 22 April 2011 was between the City of San Marcos and ITT Information Systems, a division of ITT <br /> Corporation ("Original Lessee"); and <br /> WHEREAS, Original Lessee divested into Exelis Inc. effective October 31, 2011, Exelis Inc. then <br /> merged with and into Harris Corporation effective as of December 31, 2015, and Harris Corporation <br /> changed its name to L3Harris Technologies, Inc. effective as of June 29, 2019;and <br /> WHEREAS, the ADS-13 radio station site on the leased premises is an integral part of the FAA <br /> National Airspace Systems (NAS); and <br /> WHEREAS, the initial 18-year FAA contract term for ADS-13 surveillance services with the Lessee <br /> concludes at the end of GFY 2025 with such contract services thereafter being continued by FAA extension <br /> to the current contract and/or continued under a new FAA contract;and <br /> WHEREAS, Lessor and Lessee desire to amend the terms of the Agreement to update the point of <br /> contact for Notice and to extend the term thereof and to otherwise modify the Agreement as expressly <br /> provided herein to accommodate services beyond GFY2025 by removing the September 30, 2025 <br /> occupancy limitation and replacing it with a limitation based on the then-current FAA contract, thereby <br /> providing assurance to the airport that the lease remains valid only if the lessee has an active contract <br /> with the FAA that is supported by the leased premises. <br /> NOW, THEREFORE, for and in consideration of the mutual promises herein contained, and for <br /> other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by <br /> each Party hereto,the Parties mutually agree as follows: <br /> 1. RENEWAL. Section 8 of the Agreement is deleted and replaced with the following: <br /> This lease may be renewed from year to year at the option of Lessee upon the terms and <br /> conditions herein specified. Lessee's option shall be deemed exercised and the lease renewed <br /> each year for one(1)year unless Lessee gives Lessor one hundred eighty (180)days written <br /> notice that it will not exercise its option, before this lease or any renewal thereof expires; <br /> provided,that no renewal thereof shall extend the period of occupancy of the premises beyond <br /> the term of the then-current FAA contract supported by the use of the premises. <br /> 1 <br />