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Res 2016-180/authorizing the City Manager to execute a ground lease for approximately 5,412 square feet of property located off Airport Drive at the San Marcos Regional Airport with Coast Flight Training and Management, Inc
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Res 2016-180/authorizing the City Manager to execute a ground lease for approximately 5,412 square feet of property located off Airport Drive at the San Marcos Regional Airport with Coast Flight Training and Management, Inc
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2/1/2017 12:57:12 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-180
Date
12/20/2016
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d. IN CASE LESSOR OR AIRPORT MANAGER, OR ANY OF THEIR OFFICERS, <br />AGENTS, OWNERS, OR EMPLOYEES ARE MADE A PARTY TO ANY <br />LITIGATION COMMENCED BY OR AGAINST LESSEE THAT IS COVERED BY <br />THIS SECTION, THEN LESSEE SHALL HOLD LESSOR AND AIRPORT <br />MANAGER, AND THEIR OFFICERS, AGENTS, OWNERS, AND EMPLOYEES <br />HARMLESS FROM, AND LESSEE SHALL PAY, ALL COSTS AND EXPENSES <br />RELATED TO THE LITIGATION, INCLUDING THE FEES OF ATTORNEYS AND <br />EXPERT WITNESSES. <br />e. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR AND <br />AIRPORT MANAGER FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S <br />OR AIRPORT MANAGER'S PROPERTY ARISING OUT OF OR IN CONNECTION <br />WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, <br />OWNERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, <br />SUBCONTRACTORS, LICENSEES, OR INVITEES. <br />f. NEITHER LESSOR NOR AIRPORT MANAGER GUARANTEES POLICE <br />PROTECTION OR SECURITY TO LESSEE OR ITS PROPERTY, AND LESSOR AND <br />AIRPORT MANAGER SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY <br />PERSON ON THE LESSEE'S PREMISES OR FOR HARM TO ANY PROPERTY <br />WHICH BELONGS TO LESSEE, ITS OFFICERS, OWNERS, SERVANTS, <br />EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR <br />PATRONS, OR WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY <br />DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS <br />LESSOR AND AIRPORT MANAGER, THEIR OFFICERS, OWNERS, AGENTS, <br />SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH <br />CLAIMS. <br />ARTICLE 12: CONDEMNATION <br />12.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall <br />terminate as of the date the title vests in the proceeding. <br />12.02. Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br />renders the remaining portion unsuitable for the Lessee, then this Lease shall tenninate. If the <br />partial taking is not extensive enough to render the Leased Premises unsuitable for the Lessee, then <br />this Lease shall continue in effect, except that the fixed annual rental shall be reduced and adjusted <br />in an appropriate manner. <br />12.03. If this Lease is terminated 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 />Page 14 of 21 <br />
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