Res 2024-199 approving the third extension of the Operation and Management Services Agreement for the San Marcos Regional Airport with Texas Aviation Partners, LLC., for five years

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THIRD EXTENSION AND RESTATEMENT OF OPERATION AND MANAGEMENT SERVICE AGREEMENT FOR THE SAN MARCOS REGIONAL AIRPORT This, the Third Extension and Restatement of the Operation and Management Service Agreement for the San Marcos Regional Airport is effective this day of October 1, 2025 by and between the City of San Marcos, Texas, (the"City"), 630 East Hopkins, San Marcos, Texas 78666 and Texas Aviation Partners, LLC (the "Operator"), 4400 Highway 21, San Marcos, Texas 78666, for the operation, maintenance, management and development of the San Marcos Regional Airport (the "Agreement"). RECITALS The City owns the San Marcos Airport ("Airport"), the planning, acquisition, establishment, construction, improvement equipping, maintenance, operation,regulation,protection and policing of which is a public and governmental function, exercised for a public purpose and a matter of public necessity. The City has determined that it is in the City's best interest to contract with an independent contractor as authorized by Section 22.020, Tex. Transp. Code. The Airport currently hosts eighteen (18) aviation businesses that provide a full range of services that include,but are not limited to, aircraft refueling, maintenance and repairs, aircraft charter and rentals, and pilot training. The Airport is home to approximately 272 based aircraft with the majority housed in approximately 50 aircraft hangars and shelters. The City issued a Request for Proposals ("RFP") on May 27, 2010 and received an RFP from Texas Aviation Partners, LLC. The City selected the Operator to operate and manage the Airport, and is relying on the expertise of the Operator to provide efficient management, operation, development and maintenance of the Airport. The City and Operator previously entered into an Operation and Management Service Agreement for the San Marcos Regional Airport on October 1, 2010. The City and Operator subsequently entered into Amendment No. 1 to the original agreement on June 19, 2012 and Amendment No. 2 with an effective date of March 1, 2014. The City and Operator exercised the first extension term on February 3, 2015. The City and Operator exercised the second extension term on January 15, 2020 and subsequently entered into Amendment No. 1 to the Second Extension and Restatement of Operation and Management Services Agreement effective October 1, 2021. The City and Operator wish to further amend the agreement and extend its term for an additional five (5) years until September 30, 2030 subject to the earlier termination provisions herein provided. The City and Operator intend to operate and maintain the Airport in a first-class manner. "First- class" and"First rate" as used in this Agreement shall mean the operation and maintenance of the Page 1 of 34