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<br />29. <br />LEASE OF UNIMPROVED AIRPORT PROPERTY FOR <br />CONSTRUCTION OF HANGAR <br />THE STATE OF TEXAS <br />COUNTIES OF HAYS AND CALDWELL <br /> This lease agreement ("Lease") is made between the City of San Marcos, Texas, a <br />municipal corporation (the "Lessor") and Robert E. Muse, Jr. (the "Lessee"). <br /> The Lessor is the owner of the San Marcos Municipal Airport ("Airport"), situated in <br />Caldwell 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 2,400 square foot tract of real property (the "Leased Premises") in <br />Caldwell County, Texas, described in Exhibit "A" attached to and made a part of this Lease for all <br />purposes. <br />1.02. The Lessee acknowledges that 1) the Lessor makes no representations or warranty <br />regarding the suitability of the Leased Premises for the Lessee's intended purposes, or the <br />presence ~f environmental, geologic, or any other site conditions that may affect the Lessee's use <br />of the Leased Premises; 2) the Lessee accepts full responsibility for determining the suitability of <br />the Leased Premises for its intended purposes; 3) the Lessee has inspected and performed all <br />tests and investigations of the Leased Premises that the Lessee considers necessary to satisfy <br />itself as to the suitability of the Leased Premises for its intended purposes; and 4) the Lessee is <br />accepting the Leased Premises in their present condition, and the Lessee agrees to perform all <br />preparation, repairs, remediation and other activities necessary to use the Leased Premises for <br />the Lessee's intended purposes. <br />1.03. The Lessee agrees to comply with the San Marcos Municipal Airport Standard Operating <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 <br />the procedures, regulations and standards. <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 />1 <br />