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<br />123 <br /> <br /> <br />LEASE OF AIRPORT PROPERTY <br /> <br /> <br />THE STATE OF TEXAS <br />COUNTY OF CALDWELL <br /> <br /> <br /> <br /> <br />This Lease Agreement is made and entered into by and between <br /> <br /> <br />City of San Marcos, hereinafter referred to as "Lessor" and John S. <br /> <br /> <br />Emerson, owner and sole proprietor of Airbase Academy, hereinafter <br /> <br /> <br />referred to as "Lessee." <br /> <br /> <br />The City of San Marcos, Texas, is the owner of the San Marcos <br /> <br /> <br />Municipal Airport, situated in Caldwell County, Texas, hereinafter <br /> <br /> <br />"Airport," by virtue of an indenture from the United States of America <br /> <br /> <br />dated the 24th day of February, 1966, and the 14th day of July, 1969, <br /> <br /> <br />and the 11th day of May, 1976, to which reference is hereby made. <br /> <br /> <br />All covenants, terms, and conditions of this Lease are subject <br /> <br />to review by the Federal Aviation Administration before the effective <br /> <br /> <br />date of the Lease. <br /> <br /> <br />In consideration of the obligation of Lessee to pay rent herein <br /> <br /> <br />: provided and in consideration of the other terms, covenants and <br /> <br /> <br />I conditions hereof, Lessor hereby demi~es and leases to Lessee, and <br /> <br /> <br />Lessee hereby takes from Lessor real property, described in Exhibit <br /> <br />"A," attached hereto and made a part hereof for all purposes, <br /> <br /> <br />constituting a commercial lot of approximately 6,000 square feet with <br /> <br /> <br />Building T-3406, comprising 3,170.16 square feet of covered space, for <br /> <br /> <br />the purpose of operating the aviation business and activities specified <br /> <br /> <br />in Section III of this Agreement. <br /> <br /> <br />ARTICLE I. <br /> <br /> <br />Terms and Acceptance of Existing Premises. <br /> <br /> <br />1.1 Lessee acknowledges that it has, prior to the execution hereof, <br /> <br /> <br />inspected the leased premises, and that Lessee is accepting the <br /> <br /> <br />leased premises" as is." By occupying the Leased Premises, <br />i <br /> <br />I Lessee shall be deemed to have accepted the same and to have <br /> <br /> <br />acknowledged that the same comply fully with Lessor's covenants <br /> <br /> <br />hereunder. <br /> <br /> <br />1.2. Lessee acknowledges that he will comply with the Minimum <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Iio.. <br />