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<br />VOL 215PAcf593 155 <br /> <br />993060 <br />REVISED LEASE OF UNIMPROVED AIRPORT PROPERTY FOR <br />CONSTRUCTION AND OPERATION OF BUSINESS FACILITIES <br /> <br />THE STATE OF TEXAS <br /> <br />COUNTIES OF HAYS AND CALDWELL <br /> <br />This lease agreement ("Lease") is made between the City of San Marcos, Texas, a municipal <br />corporation (the "Lessor") and Berry Aviation, Inc. (the "Lessee"). The Lessor is the owner of the <br />San Marcos Municipal Airport (the "Airport"), situated in Caldwell County, Texas, by virtue of <br />deeds from the United States of America. <br /> <br />This Lease is subject to approval by the Federal Aviation Administration. <br /> <br />Article 1. Lease of Premises; Acceptance of Existing Conditions; <br />Compliance with Regulations <br /> <br />1.01. In consideration ofthe obligation ofthe Lessee to pay rent and in consideration of the other <br />terms, covenants and conditions ofthis Lease, the Lessor leases to the Lessee, and the Lessee leases <br />from the Lessor a 28,880 square foot tract of real property (the "Leased Premises") in Caldwell <br />County, Texas, described in Exhibit "A" attached to and made a part of this Lease for all purposes. <br /> <br />1.02. The Lessee acknowledges that 1) the Lessor makes no representations or warranty regarding <br />the suitability of the Leased Premises for the Lessee's intended purposes, or the presence of <br />environmental, geologic, or other site conditions that may affect the Lessee's use of the Leased <br />Premises; 2) the Lessee accepts full responsibility for determining the suitability of the Leased <br />Premises for its intended purposes; 3) the Lessee has inspected and performed all tests and <br />investigations of the Leased Premises that the Lessee considers necessary to satisfy itself as to the <br />suitability of the Leased Premises for its intended purposes; and 4) the Lessee is accepting the <br />Leased Premises in their present condition, and the Lessee agrees to perform all preparation, repairs, <br />remediation and other activities necessary to use the Leased Premises for the Lessee's intended <br />purposes. <br /> <br />1.03. The Lessee agrees to comply with the San Marcos Municipal Airport Standard Operating <br />Procedures and Regulations and the Minimum Standards for Fixed Base Operators and Airport <br />Tenants, as they now exist or may be amended during the term of this Lease, and any conflict <br />between this Lease and these procedures, regulations and standards will be resolved in favor of the <br />procedures, regulations and standards. The parties agree to negotiate revisions to this Lease in good <br />faith in the event that an amendment to these procedures, regulations or standards would have a <br />peculiar impact on the Lessee's use of the Leased Premises, clearly distinguishable from its impact <br />on other Airport properties. <br /> <br />1 <br /> <br />/. <br />;2yfd(tP!o. <br />CITY OF SAN MARCOS <br />i\TTN: Leaal D~pt. <br />':::'~o East ROp'klns Street <br />- ~J1arCOS, TX 78666 <br />