Res 2017-039/approving a five-year airport facility lease agreement with Civil Air Patrol for the building located at 1915 Airport Drive

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DocuSign Envelope ID: 35EE2E27-4F45-474D-B557-0B0A649C19A6 16.04. The captions used in this Lease are for convenience only and do not in any way limit or amplify the terms and provisions of this Lease. 16.05. One (1) or more waivers of any covenant, term or condition of this Lease by either party shall not be deemed as a waiver by that party as to any subsequent similar act or omission. 16.06. Whenever a period of time is prescribed for action to be taken by the Lessor or Lessee, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes beyond the reasonable control of the Lessor or Lessee shall be excluded from the computation of any such period of time. 16.07. The Lessor further covenants that the Lessee shall have and enjoy undisturbed possession of the Leased Premises as long as the Lessee fully complies with this Lease. This Lease is subject, however, to the right of the Federal government to use and control the Airport during periods of national emergency; and is also subject to the right of the Federal government to take all or a portion of the Airport for federal activities. 16.08. This Lease shall not be construed as creating the relationship of principal and agent or of partnership or of joint venture between the parties. The only relationship between the parties is only that of Lessor and Lessee. 16.09. The Lessee warrants that it has had no dealings with any broker or agent in connection with the Lessee agrees to indemnify and hold the Lessor negotiation or execution of this Lease and the harmless from and against any and all costs, expense or liability for commissions or other compensation and charges claimed by any other broker or agent with respect to this Lease. 16.10. The parties agree that the laws of the State of Texas shall govern this Lease and that exclusive venue for enforcement of this Lease shall lie in Hays County, Texas. 16.11. If Lessee is a charitable association, corporation, partnership, individual enterprise or entity, and claims immunity to or an exemption from liability for any kind of property damage or personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any such immunity or exemption as against Lessor and Airport Manager. 16.12. Wherever any notice is required or permitted under this Lease, the notice shall be in writing and sent by certified mail, return receipt requested, addressed to the respective party at the following addresses. The Lessee shall provide the Lessor and Airport Manager with advance written notice of any change in its address. Lessor: Lessee: Airport Manager: City of San Marcos Civil Air Patrol Texas Aviation Partners 630 East Hopkins Street 1915 Airport Drive 1807 Airport Drive, Suite 200 San Marcos, TX 78666 San Marcos, TX 78666 San Marcos, TX 78666 1516 Page of