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Res 1986-102
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Res 1986-102
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Last modified
8/27/2007 4:25:07 PM
Creation date
8/27/2007 4:25:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1986-102
Date
8/25/1986
Volume Book
81
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<br /> -7- <br /> 13. Condemnation. <br /> a. Total: If the the demised premises shall be acquired or <br /> taken by emlnent domain for any public or quasi-public use or <br /> purpose, then thls lease and the term herein shall cease and <br /> terminate as of the date of title vesting in such proceeding. <br /> b. Partial: If any part of the dem1sed premises or all or <br /> part of the San Marcos Munic1pal Airport shall be taken as <br /> aforesaid, and such partial taking shall render that portion <br /> of the demised premlses not so taken unsuitable for the <br /> business of Lessee, then this lease ana the term herein shall <br /> cease and terminate as aforesaid. If such partial taking is <br /> not extenslve enough to render the premises unsuitable for <br /> the business of Lessee, then this lease shall continue in <br /> effect except that the minimum rental shall be reduced and <br /> adJusted in an appropriate manner. <br /> c. If this lease is terminated as provided in this <br /> paragraph, rent shall be paid up to the date that possession <br /> is so taken by publlC authority, and Lessor shall make an <br /> equitabLe refund of any rent paid by Lessee in advance. <br /> d. Awara: Lessee shall not be entitled to ana expressly <br /> waives all claim to any condemnation award for any taking, <br /> whether whole or part1al, and whether for diminution in value <br /> of the leasehold or to the fee although Lessee shall have <br /> theright, to the extent that the same shall not reduce <br /> Lessor's award, to clalm from the condemnor, but not from <br /> Lessor, such compensation as may be recoverable by Lessee ln <br /> its own right for damage to Lessee's business and fixtures. <br /> 14. Operatlon of the Airport. <br /> a. Lessor reserves the right to operate the Airport in <br /> accordance w1th the obligation to the Feaeral or State <br /> Government under any of the agreements for which aid for <br /> development was grantea~ provided, however, if such operation <br /> restricts the operatlon of Lessee on the demlsed premises, <br /> appropriate rental reductions shall be negotiated. In the <br /> event that appropriate rental reductions cannot be negotiated <br /> between the partles hereto, then ln such event, this lease <br /> shall terminate and the parties hereto shall have no further <br />
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