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I I I VOL 46 3 PAGE 13 AMENDMENT NUMBER TWO TO LEASE OF AIRPORT PROPERTY BETWEEN BERRY AVIATION, INC. AND THE CITY OF SAN MARCOS 102. 063515 STATE OF TEXAS 9 9 9 COUNTY OF HAYS The City of San Marcos, Texas, a Texas municipal corporation (the "Lessor"), and Berry Aviation, Inc. (the "Lessee"), agree to amend the Lease of Airport Property entered into on December 12, 1992 (recorded in Volume 308, Page 28 of the Caldwell County Official Public Records), as amended in Amendment Number One to Lease of Airport Property between Berry Aviation, Inc. and the City of San Marcos executed September 28, 2004 (recorded in Volume 405, Page 203 of the Caidwell County Official Public Records) (togetner, the "Lease"), related to property at the San Marcos Municipal Airport in Caldwell County, Texas. The Lessee has requested that the Lease be amended to extend the term of the Lease and to modify the rental amount during the term of the extension. The Lessor is willing to amend the Lease to incorporate these changes under the terms and conditions of this amendment. In consideration of the mutual covenants contained in this amendment, the Lessor and the Lessee agree to amend the Lease as follows: 1. Article II of the Lease is amended to read as follows: II. Term A. The term of this Lease shall commence on December 22, 1992, and extend for a period of 20 years (the "Initial Term"). B. If the Lessee is not in default under the terms of this Lease at the expiration of the Initial Term, the term of the Lease shall be extended for a period of 20 years (the "Extension Term"), to commence on December22, 2012 and to expire on December 21, 2032. C. If the Lessee is not in default under the terms of this Lease at the expiration of the Extension Term, the Lessor and the Lessee may renew this Lease for a period not to exceed ten years. The terms of the renewal lease will be similar to those offered by the City for similar improved property at the Airport at that time. 2. Paragraph III B (2) of the Lease is amended to read as follows: (2) During the Initial Term of this Lease described in Paragraph II A., 5i per square foot per year for the tract of land described in Exhibit "B," amounting to $7,600 per year. During the Extension Term of this Lease described in Paragraph II B., 20i per square foot per year forthe tract of land occupied by the 55,000 square foot hangar, as described in Exhibit "D," amounting to $ 11,000 per year. 3. In all other respects, except as modified in this amendment, all ofthe terms and provisions of the Lease, including those related to maintenance responsibilities, insurance and indemnification, default and termination, shall remain in full force and effect as to all of the Leased Premises. 1