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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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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-180
Date
12/20/2016
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ARTICLE 18: MISCELLANEOUS <br />18.01. When the singular number is used in this Lease, it will include the plural when appropriate, and the <br />neuter gender will include the feminine and masculine genders when appropriate. <br />18.02. If any clause or provision of this Lease is illegal, invalid, or unenforceable under present or future <br />laws, this Lease will remain in effect, and the remaining provisions will continue in force if they <br />can be given effect without the invalid portion. <br />18.03. This Lease may be amended only by an instrument in writing signed by both parties. This Lease <br />shall apply to and be binding upon the parties, and upon their respective successors in interest and <br />legal representatives, unless otherwise expressly provided in this Lease. <br />18.04. The captions used in this Lease are for convenience only and do not in any way limit or amplify <br />the terms and provisions of this lease. <br />18.05. One (1) or more waivers of any covenant, term, or condition of this Lease by either party shall not <br />be deemed as a waiver by that party as to any subsequent similar act or omission. <br />18.06. Whenever a period of time is prescribed for action to betaken by Lessor or Lessee, any delays due <br />to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations, <br />or restrictions or any other causes beyond the reasonable control of the Lessor or Lessee shall be <br />excluded from the computation of any such period of time. <br />18.07. The Lessor represents and warrants that it has the lawful authority to enter into this Lease, and has <br />title to the Leased Premises. The Lessor further covenants that the Lessee shall have and enjoy <br />undisturbed possession of the Leased Premises as long as the Lessee fully complies with this Lease. <br />This Lease is subject, however, to the right of the Federal government to use and control the Airport <br />during periods of national emergency; and is also subject to the right of the Federal government to <br />take all or a portion of the Airport for federal activities. <br />18.08. This Lease shall not be construed as creating the relationship of principal and agent or of partnership <br />or of joint venture between the parties. The only relationship between the parties is only that of <br />Lessor and Lessee. <br />18.09. The Lessee warrants that it has had no dealings with any broker or agent in connection with the <br />negotiation or execution of this Lease and the Lessee agrees to indemnify and hold the Lessor and <br />Airport Manager harmless from and against any and all costs, expense or liability for commissions <br />or other compensation and charges claimed by any other broker or agent with respect to this Lease. <br />18.10. The parties agree that the laws of the State of Texas shall govern this Lease and that exclusive <br />venue for enforcement of this Lease shall lie in Caldwell County, Texas. <br />Page 19 of 21 <br />
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