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Res 1986-087
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Res 1986-087
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Last modified
8/27/2007 2:40:52 PM
Creation date
8/27/2007 2:40:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1986-87
Date
7/28/1986
Volume Book
81
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<br /> -7- <br /> 13. Condemnation. <br /> a. Total: If the the aem~sea premises shall De acquired or <br /> taken Dy eminent aomain for any public or quasi-pubLic use or <br /> purpose, then this lease and the term herein shall cease ana <br /> terminate as of the date of title vesting in such proceeding. <br /> b. Part~al: If any part of the aemised premises or ali or <br /> part of the San Marcos Municipal Airport shall De taken as <br /> aforesaid, and such partial taking shall render that portion <br /> of the aemisea premises not so taken unsuitaDle for the <br /> Dusiness of Lessee, then this lease ana the term here~n shaLL <br /> cease ana terminate as aforesaia. If such partiaL tak~ng ~s <br /> not extensive enough to render the premises unsuitaDle for <br /> the Dusiness of Lessee, then this lease shall continue in <br /> effect except that the minimum rental shall be reduced ana <br /> aajustea in an appropriate manner. <br /> c. If this .lease is terminatea as proviaea ln this <br /> paragraph, rent shall De paid up to the Gate that possession <br /> is so taken by public authority, ana Lessor shall make an <br /> equitaDie refund of any rent paia by Lessee in advance. <br /> d. Awara: Lessee shall not be entitlea to ana expressly <br /> wa~ves all claim to any condemnation awara for any taking, <br /> whether whole or part~al, and whether for aiminution in vaLue <br /> of the leasehola or to the fee although Lessee shall have <br /> theright, to the extent that the same shaLL not reduce <br /> Lessor's awara, to claim from the conaemnor, but not from <br /> Lessor, such compensation as may be recoverable Dy Lessee ~n <br /> its own right for damage to Lessee's Dusiness ana fixtures. <br /> 14. Operation of the Airport. <br /> a. Lessor reserves the right to operate the Airport ~n <br /> accoraance with the oDligation to the Feaeral or State <br /> Government unGer any of the agreements for wh~ch ald for <br /> development was grantea; provided, however, lf such operation <br /> restr~cts the operation of Lessee on the aemlsed premises, <br /> appropriate rental reductions shaLL be negotiated. In the <br /> event that appropriate rental reductions cannot be negot~ated <br /> between the parties hereto, then in such event, this lease <br /> shall terminate and the parties hereto shall have no further <br />
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