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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 - Document
Resolutions
City Clerk - Type
Approving
Number
2016-180
Date
12/20/2016
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until such returned check is made good. All agreements between Lessor and Lessee, whether herein <br />contained or in any other instrument or agreement, whether written or oral, are hereby expressly <br />limited so that in no contingency or event whatsoever shall any acceleration of rents due, late <br />charges, returned check charges, interest charges, or any other charges whatsoever, be deemed as <br />interest charged, contracted for or received in excess of the amount permitted under applicable law, <br />it particularly being the intention of the parties hereto to conform strictly to the laws of the State of <br />Texas. Any portion of such charges which are deemed as interest in excess of the amount permitted <br />under applicable law, as of the date such charge is due, shall be applied to a reduction of the rental <br />payment next coming due hereunder, or, if such portion of charges exceeds the rental payment next <br />coming due hereunder, such amount shall be refunded to Lessee. If a specific due date for any <br />monetary obligation owed by Lessee to Lessor is not provided for in this Agreement, the due date <br />for such obligation shall be that date which is ten (10) days after Lessor delivers a written request <br />for payment to the Lessee. <br />2.09. Except with the Lessor's prior written consent, Lessee will not be released from this Lease for any <br />reason — including but not limited to a change in business conditions, voluntary or involuntary job <br />transfer, change of marital status, loss of content, loss of employment, bad health, or the sale or <br />disposition of any aircraft. Lessee is obligated to the terms and conditions of this Lease, <br />including the payment of rent, for the entire Primary Term, from the Commencement Date <br />through the Expiration Date, and for each month thereafter (if any) until this Lease is <br />terminated. <br />2.10. In the event Lessee holds over after the expiration of this lease, such hold over status will create a <br />month-to-month tenancy. In this event, Lessee agrees to pay the rental amount set for the premises <br />at the date of expiration of the Lease plus fifty (50%) percent, which is the month-to-month <br />holdover tenancy rate. Said holdover tenancy will be subject to all other terns and conditions of <br />this Lease. <br />2.11. The Lessee agrees to pay the Lessor a monthly fee for the use of any other Airport Facilities for <br />aircraft, motor vehicles, or any other equipment or items which are outside of the Leased Premises <br />and under the custody and control of the Lessee or its employees, agents, or customers. <br />2.12. If Lessee fails to pay any rent or any other sum payable to the Lessor under the terns of this Lease <br />when due, then interest at the maximum legal rate in the State of Texas shall accrue from the date <br />on which the maximum late charges described in Section 2.09 have been incurred. <br />ARTICLE 3: USE AND CARE OF PREMISES <br />3.01. During the terms of this Lease or any renewal thereof, the Premises are to be used by Lessee <br />exclusively for aviation activities. Specifically, the Leased Premises shall be used and occupied for <br />the business of aviation related activities and business including but not limited to: the operation of <br />a flight school . The Lessee shall use the Leased Premises in good faith continuously for this <br />purpose throughout the term of this Lease. The Lessee will use good faith efforts to ensure that the <br />Leased Premises are occupied through the term of this Lease. <br />Page 4 of 21 <br />
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