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Res 2015-082/approving the assignment of a Private Hangar Lease from the Dozier Family Trust to Edwin H. Cooper for the hangar space located at 1733 Airport Drive
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Res 2015-082/approving the assignment of a Private Hangar Lease from the Dozier Family Trust to Edwin H. Cooper for the hangar space located at 1733 Airport Drive
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8/20/2015 9:38:50 AM
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8/3/2015 3:03:47 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-82
Date
7/21/2015
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CITY OF SAN MARCOS, TEXAS <br />SAN MARCOS REGIONAL AIRPORT <br />ASSIGNMENT OF PRIVATE HANGAR LEASE <br />STATE OF TEXAS <br />COUNTY OF CALDWELL <br />This Assignment of Lease is made between The Dozier Family Trust (the "Assignor ") and Edwin H. <br />Cooper (the "Assignee "). <br />WHEREAS, the City of San Marcos (the "City ") as Lessor and The Dozier Family Trust as Lessee <br />entered into a Lease (the "Lease ") dated March 24, 1997 which covers a 3,079.95 square foot tract of <br />property at the San Marcos Regional Airport, William Pettus Survey, Caldwell County, Texas, described <br />therein and also as described in the attached Exhibit A (the "Property"); and <br />WHEREAS, The Dozier Family Trust assigned the Lease to the Assignor on June 10, 2015 and <br />WHEREAS, the Assignor now desires to assign the Lease to the Assignee, and the Assignee desires to <br />accept the assignment, subject the terms and conditions of this Assignment of Lease. <br />ASSIGNMENT AND AGREEMENT <br />In consideration of the sum of $10.00 and other good and valuable consideration, the receipt and <br />sufficiency of which is acknowledged by this Assignment, and the agreement of the Assignee set <br />forth below, the Assignor assigns to the Assignee and Assignee's heirs, executors, administrators, <br />successors and assigns, all of Assignor's rights, title and interest in and to the Lease. The <br />Assignee accepts the assignment, and expressly assumes and agrees to perform and fulfill all the <br />terms and covenants, conditions and obligations of the Assignor as the Lessee under the Lease, <br />including the making of all payments due to or payable by the Lessor when due and payable. <br />2. As a condition of this Assignment, it is agreed that the Lease is hereby amended to require annual <br />payments of rent in the amount of 307.92, payable annually on the anniversary date of this <br />Assignment, in place of the monthly rent payments provided in the Lease. Assignee shall submit <br />its first year's rent upon submission of this Assignment for approval by the City. <br />3. Section 2.5 of the Lease is hereby modified such that the Assignee may provide Lessor with <br />written notice of its intent to continue to occupy the Leased premises more than 60 days before <br />the date of expiration of the Lease, but such notice shall not be less than 30 days before the date <br />of expiration of the Lease. Such notice is not a guarantee that the City will approve a revised <br />
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