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VOL <br /> <br />THE STATE OF TEXAS <br />COUNTY OF HAYS <br /> <br /> 268, <br /> <br />LEASE OF AIRPORT PROPERTY FOR <br /> <br />AGRICULTURAL USE <br /> <br />KNOW ALLPERSONS BY THESE PRESENTS: <br /> <br /> This agreement pertains to the agriculture use of certain lands, located at the San Marcos <br />Municipal Airport, situated in Caldwell County, Texas. The agreement is made and entered into by and <br />between the City of San Marcos, a Texas municipal corporation (the "Lessor") and Curby D. Ohnheiser <br />(the "Lessee"). <br /> <br />I. DESCRIPTION OF LEASED PROPERTY <br /> <br /> The leased property consists of three tracts of real property which are denoted by the <br />accompanying map attached as Exhibit A and incorporated in this Agreement and made a part for all <br />purposes. Lessor leases such property to the Lessee in accordance with this Agreement. <br /> <br />II. DEMISED PROPERTY RESTRICTIONS <br /> <br /> A. The site of the leased property is within the boundaries of the San Marcos Municipal Airport. <br />The Airport is an active, municipally sponsored, and federally funded public use airport. The FIRST and <br />FOREMOST role of the airport, including all lands and facilities, is as an airport. Agriculture activities at <br />the airport are authorized on a non-interference basis with the primary aviation role of the airport The <br />following restrictions to agriculture activity apply: <br /> <br /> B. SAFETY AREAS: Safety areas as indicated on Exhibit A are established adjacent to all active <br />runways and taxiways. These Safety Areas provide an unobstructed, prepared surface for aircraft use <br />in case of emergency or other unusual situations. Safety Areas must be prepared and maintained in <br />cleared, graded, compacted and mowed conditions at all times. The production of hay, where <br />compatible with the above considerations is permissible within the Safety Areas. All agriculture activity <br />which is not compatible with the above considerations is specifically prohibited in the Safety Areas. <br />Safety Areas adjacent to runways 4-22, 8-26, 12-30 and 17-35 extend two hundred and fifty (250) feet <br />either side of the centerline of the runways and three hundred (300) feet from the ends of all runways, <br />except 12-30 which requires one thousand (1,000) feet Safety Area at each end. <br /> <br /> For all airport taxiways, including those located on the parking aprons, Safety Areas extend <br />seventy-five (75) feet either side of the centerline of the taxiways. Lessee agrees to return any Safety <br />Area that has been disturbed by previous agricultural activity to Federal Aviation Administration ("FAA") <br />acceptable conditions. Subsequent care and maintenance of Safety Areas will be Lessor's responsibility. <br />Lessee shall not park or leave unattended any farm equipment, tractor or vehicle within the Safety <br />Areas. <br /> <br /> C. CRITICAL AREAS: The airport areas in the vicinity of several FAA facilities require that <br />special restrictions be imposed. These include the areas in front of the Instrument Landing System <br />("ILS") glide slope and Iocalizer antennas. These areas are defined and marked by the FAA, and they <br />must be maintained in a clear, unobstructed and closely mowed condition at all times. <br /> <br /> D. AGRICULTURAL ACTIVITY WITH CERTAIN AREAS PROHIBITED: The FAA maintains a <br />Visual Slope Indicator ("VASI") at Runway 30 and an Approach Lighting System ("ALS") at Runway 12. <br />The areas adjacent to and in the vicinity of these fixtures, as well as the airport wind cones, segmented <br />circle, lights, and signs, et al, must be kept clear for their use by aircraft. Agricultural activity in these <br />areas or other airport management defined areas is PROHIBITED. The Lessee agrees to return any <br /> <br /> <br />