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SECONDAMENDED AND RESTATED LEASE OF SAN MARCOS PARK PREMISES <br /> BETWEEN THE CITY OF SAN MARCOS AND THE SAN MARCOS LIONS CLUB <br /> This second 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, 2021, 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 Pauline Espinosa Community Hall, formally known as the City <br /> Recreation Building, and adjacent sidewalks (indicated by dashed lines) as shown in Exhibit "A", <br /> attached hereto and made a part hereof for all purposes (the "Leased Premises") in Hays County, <br /> Texas. The Lessor agrees that the Lessee shall also have access to and shared use of the public <br /> parking lot adjacent to the leased Premises and the public restrooms in the Pauline Espinosa <br /> Community Hall, all as shown in Exhibit "A", subject to Lessor's exclusive control and <br /> 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 fourth five-year renewal of the Lease shall commence effective as of <br /> April 11, 2026 and shall expire on April 10, 2031. This Lease may be renewed for up to one <br /> additional team 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$12,500 <br /> per year. Rent shall be paid armually 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, 2031 through April 10, 2036 $13,150.00 <br />