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<br /> VOL" 190 PAGE 58 59 <br /> 982875 <br /> LEASE OF AIRPORT PROPERTY FOR A <br /> BUSINESS FACILITY <br /> THE STATE OF TEXAS <br /> COUNTIES OF HAYS AND CALDWELL <br /> This lease agreement C'Lease'1 is made between the City of San Marcos, Texas, a municipal <br /> corporation (the "Lessor") and Gryphon Aviation (the "Lessee"). <br /> The Lessor is the owner of the San Marcos Municipal Airport ("Airport"), situated in Caldwell <br /> County, Texas, by virtue of deeds from the United States of America. <br /> This Lease is subject to approval by the Federal Aviation Administration. <br /> Article 1. Lease of Premises; Acceptance of Existing Conditions; <br /> Compliance with Regulations <br /> 1.01. In consideration of the obligation of the Lessee to pay rent and in consideration of the other <br /> terms, covenants and conditions of this Lease, the Lessor leases to the Lessee, and the Lessee <br /> leases from the Lessor the existing structure (the "Building") located at 2049 Airport Drive, <br /> consisting of approximately 9,600 square feet of ground space (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 /> 1.02. The Lessee acknowledges that 1) the Lessor makes no representations or warranty regarding <br /> the suitability of the Building or the Leased Premises for the Lessee's intended purposes, or the <br /> presence of environmental, geologic, or other site conditions that may affect the Lessee's use of the <br /> Building o( the Leased Premises; 2) the Lessee accepts full responsibility for determining the <br /> suitability òf the Building and the Leased Premises for its intended purposes; 3) the Lessee has <br /> inspected and performed all tests and investigations of the Building and the Leased Premises that <br /> the Lessee considers necessary to satisfy itself as to the suitability of the Leased Premises for its <br /> intended purposes; and 4) the Lessee is accepting the Building and the Leased Premises in their <br /> present condition, and the Lessee agrees to perform all preparation, repairs, remediation and other <br /> activities necessary to use the Building and the Leased Premises for the Lessee's intended <br /> purposes. <br /> 1.03. The Lessee agrees to comply with the San Marcos Municipal Airport Standard Operatina <br /> Procedures and Reaulations 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 /> provisions that are stricter in terms of the Lessee's obligations. <br /> Article 2. Rent/Term <br /> 2.01. Rental shall accrue from the commencement date of this Lease, and shall be payable at the <br /> place designated for the delivery of notices to the Lessor in paragraph 15.11. <br /> 2.02. The Lessee agrees to pay to the Lessor a fixed rental in the sum of $.05 per square foot per <br /> month for the entire area of the Leased Premises. The monthly amount is $ 480.00, which shall be <br /> due and payable on the last day of each month for the succeeding month. <br /> Î?,yrmMl 7ð: 1 <br /> CITY OF SAN MARCOS <br /> ATTN' Le~al Dept. <br /> 630 East op'kins Street <br /> San Marcos, TX 78666 <br />