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<br />LEASE <br /> <br />THE STATE OF TEXAS X <br />X <br />COUNTY OF CALDWELL X <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />WHEREAS, the City of San Marcos is the owner of the San Marcos <br />(Gary) Airport, by virtue of an indenture from the United States of <br />America dated the 14th day of February, 1966, and the 14th day of <br />July, 1969, and the 11th day of May, 1969, to which reference is <br />hereby made and by such reference made a part hereof; and <br /> <br />I <br /> <br />WHEREAS, McCoy Corporation a private Corporation, operating <br />an aircraft out of the San Marcos (Gary) Airport desires to obtain <br />from the City of San Marcos a land lease upon which to construct <br />a storage facility for their aircraft; and <br /> <br />WHEREAS, the City of San Marcos, in order to effectuate use <br />of the subject premises to construct such a storage facility desires <br />to enter into a lease of a portion of such airport with McCoy <br />Corporation and McCoy Corporation does desire to lease such property <br />for the construction of a storage facility for his aircraft in <br />accordance with the following terms and conditions: <br /> <br />WITNESSETH: <br /> <br />1. Federal Aviation Administration. <br /> <br />All covenants, terms and conditions of thi$ lease must be approved <br />by the Federal Aviation Administration before the effective date <br />of lease as hereinafter stipulated. <br /> <br />2. <br /> <br />Demised Premises. <br /> <br />I <br /> <br />The City of San Marcos, hereinafter called Lessor, hereby leases <br />to McCoy Corporation hereinafter called Lessee, and said Lessee <br />rents from Lessor that certain premises described in attached <br />exhibits and further identified thereon as <br /> <br />"Exhibit A" <br /> <br />Lessor agrees to cause an exact survey made of said premises, <br />and both parties agree that these surveys will be made a part <br />of this agreement. It is further agreed that the Lessee will <br />assume the first Fifty-five Dollars ($55.00) of the cost. <br />The Lessor agrees to assume the balance of this cost. <br /> <br />3. Considerations. <br /> <br />I I <br /> <br />I <br /> <br />As consideration and rental for the demised premises, Lessee <br />agrees to pay to Lessor the sum of Four cents (4<::) per square <br />foot per year, payment to be made in advance and on each <br />anniversary date of this lease. Lessee also agrees to pave <br />the easement area for taxi purposes adjacent to the herein <br />demised premises indentified on attached exhibits. Said paving <br />shall be at the expense of Lessee and shall be in accordance <br />with specifications provided by the City of San Marcos. Lessee <br />agrees to conduct and operate a non-eXclusive operation in <br />accordance with the provisions in paragraph 5 hereinafter set <br />out for a term of twenty (20) years, provided, however, the sum <br />of the lease shall be reviewed each five (5) years in relation <br />to the consumer price index and escalated accordingly, provided <br />that the original sum shall not be diminished. <br /> <br />4. <br /> <br />Use of Demised Premises. <br /> <br />Lessee agrees to use the premises, identified in paragraph 2 <br />above, for the purpose of constructing upon said premises a <br />storage facility within which to store Lessee's aircraft. <br />. <br /> <br />5. Term of Lease. <br /> <br />The term of this lease for the property heretofore described in <br />paragraph 2 shall be for a term of twenty (20) years beginning <br />October I, 1979 and running through October 1, 1999. <br />