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Res 2016-135/approving a five year Airport Facility Lease Agreement with Ann K. and William H. McIntosh for the hangar located at 1741 Airport Drive
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Res 2016-135/approving a five year Airport Facility Lease Agreement with Ann K. and William H. McIntosh for the hangar located at 1741 Airport Drive
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7/3/2017 9:24:17 AM
Creation date
10/17/2016 9:02:29 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-135
Date
10/3/2016
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terminate. If the partial taking is not extensive enough to render the premises unsuitable for the <br />business of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental <br />shall be reduced and adjusted in an appropriate manner. <br />9.03. If this Lease is terninated as provided in this section, rent shall be paid up to the date that possession <br />is taken by the condemning authority, and the Lessor shall make an equitable refund of any rent <br />paid by the Lessee in advance. <br />9.04. Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain separate <br />awards, or portions of lump suun awards, as are allocated to their respective interests in the <br />condemnation proceeding. Without limiting the generality of the preceding sentence, the Lessor <br />has no interest in any award made to Lessee for Lessee's moving and relocation expenses or for <br />the loss of Lessee's leasehold interest, fixtures and other tangible personal property if a separate <br />award for such items is made to Lessee. The termination of this Lease under this Paragraph shall <br />not affect the rights of the respective parties to such awards. <br />ARTICLE 10: DANIAGE BY CASUALTY <br />10.01. The Lessee shall give immediate verbal notice, and prompt written notice to the Lessor of any <br />damage caused to the Leased Premises by fire or other casualty. <br />10.02. If the Premises are totally destroyed by fire, tornado, or other casualty not the fault (in whole or in <br />part) of Lessee or any person in or about the Premises with the express or implied consent of Lessee, <br />or if not totally destroyed, if it should be so damaged by such a cause that rebuilding or repairs <br />cannot reasonably be completed within 180 working days alter the date of Lessor's receipt of <br />insurance proceeds in connection with the casualty, this Lease shall terminate, and rent shall be <br />abated for the unexpired portion of this Agreement, effective as of the date of written notification. <br />10.03. If the Premises are damaged by fire, tornado, or other casualty not the fault of Lessee or any person <br />in or about the Premises with the express or implied consent of Lessee, but not to such all extent <br />that rebuilding or repairs cannot reasonably be completed within 180 days after the date of Lessor's <br />receipt of insurance proceeds in connection with the casualty, this Lease shall not terminate except <br />as provided in subsection below: <br />If such damage to the Premises occurs during the Term hereof, Lessor may, at its sole cost and <br />in its sole discretion, proceed to rebuild or repair the Premises to substantially the condition in <br />which they existed upon commnencement of this Lease. Lessee shall, at its sole cost and risk, <br />be responsible for rebuilding or repairing any damaged improvements made by Lessee. If the <br />Premises are uninhabitable in whole or in part following such damage, the rent payable during <br />the period in which they are uninhabitable shall not be due, In the event that Lessor should elect <br />not to so rebuild or repair the Premises or fails to complete such rebuilding or repairs Nvithin <br />180 working days after the date of Lessor's receipt of insurance proceeds in connection with <br />Page 10 of 18 <br />
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