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<br />32 <br /> <br />" <br /> <br /> <br /> <br />LEASE OF AIRPORT PROPERTY <br />STATE OF TEXAS <br />COUNTY OF CALDWELL <br /> <br />This Agreement of Lease, made and entered into, this the Uno day <br />of ~~~~~ , A.D., 1992 by and between the City of San Marcos, a <br />fexas Municipal Corporation located in Hays and Caldwell Counties, <br />rexas ("Lessor") and Berry Aviation, Inc., a Texas corporation, with <br />principal offices located in Travis County, ("Lessee") provides as <br />follows: <br />WHEREAS, Lessor warrants and represents that it owns by virtue of <br />indentures from the United States of America, dated February 14, 1966, <br />July 14, 1969 and May 11, 1976, those certain parcels of land with <br />improvements located in the City of San Marcos, Caldwell County; Texas, <br />~ <br />wi thin the boundaries of the San Marcos Municipal Airport ( "Airport" ) <br />and more particularly described in Exhibits "A" and "B" attached hereto <br />and incorporated herein for the purpose of description; and, <br />WHEREAS, the terms, conditions and effectiveness of this lease of <br />airport property are subject to final approval by the Federal Aviation <br />Administration; and, <br />WHEREAS, Lessee acknowledges that it will comply with the San <br />Marcos Municipal Airport Standard Operatinq Procedures and Requlations <br />and the Minimum Standards for Fixed Base Operators and Airport Tenants, <br />as these now exist or may be amended during the term of this Lease, and <br />any conflict between this Lease and these procedures, regulations and <br />standards will be resolved in favor of said procedures, regulations and <br />standards; and, <br />WHEREAS, Lessor is desirous of leasing to Lessee, and Lessee is <br />desirous of leasing from Lessor, under the terms and conditions of this <br />agreement the premises described fully in Exhibits "A" and "B"; <br />NOW, THEREFORE, Lessor and Lessee do hereby agree as follows: <br />I <br />I - The Premises <br /> <br /> <br />Lessor hereby agrees to lease and demise to Lessee, and Lessee <br /> <br /> <br />hereby leases from Lessor, the following described premises: <br /> <br /> <br />A. Premises leased for Fixed Base Operations ("FBO"). <br /> <br /> <br />That certain building located at the airport commonly known as the <br /> <br /> <br />terminal building, consisting of approximately 1600 square feet of <br /> <br /> <br />operating space excluding the public areas and fully described in <br /> <br /> <br />Exhibit "A". Lessee shall have non-exclusive access to the public <br />