Res 2016-059/Lease of land for agricultural use by Curby Ohnheiser

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participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Leased Premises; (2) In the construction of any improvements on, over, or under such land, and the furnishing of services, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and, (3) The Lessee shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to 49 Code of Federal Regulations Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation and as said regulations may be amended. XVI.OTHER TERMS AND CONDITIONS A. TAXES. The Lessee is responsible for all taxes and assessments due on the Leased Premises and shall pay such taxes and assessments when due, together with any penalties, interest and late fees as applicable. Upon execution of this Lease, Lessee shall be responsible for coordinating with the County Tax Appraisal District and Assessor - Collector having jurisdiction over the Leased Premises to add Lessee as a responsible parry for receiving tax notices, statements, invoices and bills. B. MOWING. The Lessee will maintain and mow all areas as depicted within the Legend displayed on Exhibit "A ". C. NO WAIVER OF IMMUNITY. The Lessor's execution of and performance under this Lease will not act as a waiver of any immunity of the Lessor to suit or liability under applicable law. D. ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties and any modifications of this Lease shall be in writing and signed by the parties to this Lease. E. RIGHT OF ENTRY. Lessor reserves the right to enter upon the Leased Premises covered by this Lease to make inspections concerning Lessee's compliance with the terms of this Lease or to make repairs or improvements deemed by the Lessor or the United States Government to be necessary. F. APPLICABLE LAW AND VENUE. The Parties agree that the laws of the State of Texas shall govern this Lease and that proper venue for enforcement of this Lease shall lie in Hays County, Texas, or, if in federal court, the United States District Court for the Western District of Texas, Austin Division. G. NOTICES. Except for emergency notices, all notices required by this Agreement will be delivered to the following by certified mail or confirmed facsimile transmission: LESSEE: Curby D. Ohnheiser 19330 San Marcos Highway San Marcos, Texas 78666 (512) 754 -4800 Fax: (512) 357 -0256 E -mail: curbydon @gmail.com LESSOR: Airport Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 (512) 216 -6042 Fax: (512) 216 -6043 E -mail: admin @texasaviationpartners.com In cases of emergency in which notice hereunder would be impossible or impractical under the circumstances, the notifying party shall provide notice as soon as reasonably possible or practical. Each parry will notify the other parry in writing of any change in information required for notice under this paragraph, including provision for notice by e-mail if so requested by the receiving parry. 0