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<br />- .' 73'4- <br /> LEASE OF AIRPORT PROPERTY <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 <br />-- - -("Lessor") and A an Lundeen, Rick Lewelling, and Michael J. Payion ("Lessees"). <br /> The Lessor is the owner of the San Marcos Municipal Airport ("Airport"), situated <br />I in Caldwell County, Texas, by virtue of deeds from the United States of America. <br /> The effectiveness of this Lease is subject to approval by the Federal Aviation <br /> Administration. <br /> In consideration of the obligation of Lessees to pay rent and in consideration of the <br /> åther terms, covenants and conditions, Lessor demises and leases to Lessees, and <br /> Lessees take from Lessor the 3,630 square foot tract of real property (the "Leased <br /> Premises") in Caldwell County, Texas, described in Exhibit "A" and made a part of this <br /> Lease for all purposes, upon the following terms and conditions: <br /> ARTICLE 1. <br /> Acceptance of Existing Premises; Compliance with Regulations <br /> 1.1 Lessees acknowledge that they have fully inspected, or have been provided the <br /> opportunity to fully inspect, the Leased Premises to determine their suitability for <br /> the purposes of this Lease, and the presence of objectionable environmental, <br /> geological or soil conditions, and that Lessees are accepting the Leased Premises <br /> in their present condition. By occupying the Leased Premises, Lessees shall be <br /> deemed to have accepted the Leased Premises and to have acknowledged that the <br /> premises comply fully with Lessor's covenants. <br />I <br /> 1.2 Lessees acknowledge that they will comply with the San Marcos Municioal Airoort <br /> Standard Ooeratina Procedures and ReGulations and the Minimum Standards for <br /> Fixed Base Ooerators and Airoort Tenants, as these now exist or may be amended <br /> during the term of this Lease, and any conflict between this Lease and these <br /> Procedures, Regulations and Standards will be resolved in favor of the Procedures, <br /> Regulations and Standards. <br /> ARTICLE 2. <br /> RentlTerm <br /> 2.1 Rental shall accrue from the commencement date of this Lease as arovic!ed below <br /> . , <br /> and shall be payable at the place designated for the delivery of notices to Lessor <br /> at the time of payment. <br /> 2.2 lessees shall pay to Lessor a fixed rental in the sum of ten cents (SO.10) per <br /> square foot per year for the Leased Premises. The annual amount for the fixed <br /> rental shall be paid in equal monthly instalfments in the amount of 530.25 and shall <br /> be due and payable on the last day of the month for the succeeding month. The <br /> parties agree that the first installment for the fixed rental shall be abated, but all <br /> other fees due under this Lease shall be paid as required. <br />L 2.3 lessor agrees that all airport revenue derived from lessees and any other user <br /> of the property should be allocated toward the maintenance of the Airport and any <br /> improvements; provided, however, that this requirement shall not be considered <br /> mandatory upon the Lessor unless it is so required by existing indenture or <br /> agreement with the Federal Government or any amended or substitute indentures <br /> and agreements entered into with the Feceral Government. <br />