Res 1986-134 - Laserfiche WebLink

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6. Use of Airport Faciliti~~ During the term of this lease, the Lessor agrees tnat Lessee snaIl nave ut;restricted access to the runways. taxi ways and ramp now in existence on the San Marcos Municipal Airport to the same extent that any other parties may have use thereof. It is understood and agreed by and between the parties hereto that the continuing use of the San Marcos Municipal Airport as an airport for general aviation is essential to the operation of Lessee and that failu~e to continue the use of the airport for airpørt and aviation purposes shall constitute a default in the lease agreement; and upon giving notice by Lessee to Lessor of such default and failure to cure such default within thirty (30) days after the giving of such notice, this lease shall terminate and end as of the date 120 days after such notice shall have been given; and Lessee shall tnereupon be released from and relieved of all further obligations thereafter to accrue hereunder. Lessor shall grant to Lessee a non-exclusive right-of-way suitable in width for use by vehicles in reaching the rear area of the leased property. Lessee shall be resp~nsible for the paving and maintenance of said right-of-way. Prior to paving said right-of- way Lessee shall have plans for said paving approved by City. 7. Maintenance. Maintenance of the runways, taxi-ways, entrance roads, driveways, existing parking lots, leading to and/or contiguous to the demised property, and unoccupied property of the San Marcos Municipal Airport except for the premises demised and leased by Lessee, shall remain the obligation of the Lessor; provided, however, that Lessor shall only be obligated to use airport revenue funds for such purposes and it shall never have the obligation to use general, operating or bond funds for this purpose. 8. Covenants of Lessor. Lessor agrees that all airport revenue derived from Lessee and any other user of the property should be allocated toward the maintenance of the San Marcos Municipal Airport and improvements thereof; provided, however, that this requirement shall not be considered mandatory upon the Lessor unless it is so required by existing indenture or agreement with Federal Government or any amended or substitute indentures and agreements hereinafter entered into with the Federal Government. Covenant of Title, Authority and Quiet Possession. Lessor represents and warrants that Lessor has full right and lawful authority to enter into and perform the Lessor's obligations under this lease~ the full term as stated above, and all extensions here provided, and bas title to the demised premises as shown by the Indenture between the United States Govern- ment and the City of San Marcos which has been made a part hereof by reference. Lessor further covenants that if Lessee shall discharge the obligations herein set forth to be performed by Lessee, Lessee shall have and enjoy, during the term hereof, quiet and undisturbed possessions of the demised premises and all appurtenances appertaining thereto, together ~th the right to use the runways and taxi-ways of the airport facility as contemplated herein; provided, however, that this lease is subject to the prior ~pproval of the Federal Aviation Administrator, and the rights of the United States of America to have exclusive Dr non-exclusive use, control and possession without charge~ of the aiDport ur any portion thereof during periods of National Emergency; and further subject to the right of the Federal Aviation Administration and United States Government to take a portion of the airport premises for air traffic control activities, weather reporting activities, or communication activities related to air traffic control, all as provided in said Indenture. 10. Construction of Improvements. All improvements and alterations made by Lessee on the premises are subject to reasonable approval by Lessor in writing prior to construction to determine that such construction is in accordance with the various building ordinances, electri- cal codes and the uses and purposes contemplated by this lease agreement, and that the same will not constitute a fire or safety hazard or interference in the use of the remainder of the San Marcos Municipal Airport by the general aviation public; provided, however. that such consent ~hall nat be unreasonably withheld by Lessor. No mechanic's and materialman's lien shall be fixed against any of the demised premises.