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Res 2018-106/Amended and Restated Airport Facility Lease Agreement for Commercial Fixed Base Operator (FBO) Use with Berry Aviation, Inc. for the FBO terminal facility and associated fueling facilities at the San Marcos Regional Airport
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Res 2018-106/Amended and Restated Airport Facility Lease Agreement for Commercial Fixed Base Operator (FBO) Use with Berry Aviation, Inc. for the FBO terminal facility and associated fueling facilities at the San Marcos Regional Airport
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12/27/2018 8:37:11 AM
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6/28/2018 4:05:10 PM
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Resolutions
City Clerk - Type
Airport
Number
2018-106
Date
6/19/2018
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b.Lessee agrees to keep the FBO Space locked when Lessee is not present therein. If the <br />FBO Space is found unlocked by Lessor or Airport Manager, Lessor may overlock the <br />FBO Space until Lessee’s lock is replaced and Lessee notifies Lessor that the FBO Space <br />has been locked by Lessee. At all times during the Term, Lessee shall provide Lessor <br />with a currently operative key to the FBO Space. <br />c.Lessee covenants and agrees that it shall not make any unlawful use of, nor shall it permit <br />the unlawful use of, the Leased Premises by any person(s). <br />3.03No Insurance Invalidation; Risk of Lessee. Lessee shall not place or keep anything on the Leased <br />Premises or conduct any unauthorized use of the Leased Premises which invalidates any <br />insurance policy carried on the Leased Premises without Lessor’s prior written consent. Lessee <br />agrees that the risk of loss and damage for property kept, stored or maintained by it within the <br />Leased Premises is that of Lessee. <br />3.04No Waste or Nuisance; Compliance with Laws. Lessee shall not use or permit the use of the <br />Leased Premises in any manner which results in waste of the Leased Premises or constitutes a <br />nuisance. During the Term and any renewal thereof, Lessee shall comply with Applicable Laws <br />of the City (except to the extent any of the same which are enacted after the Effective Date <br />preclude or adversely affect Lessee’s rights hereunder), the FAA and other governmental <br />authorities with jurisdiction over the Leased Premises. <br />3.05Trash and Debris.Lessee shall keep the Leased Premises and adjacent areas, together with any <br />Lessee signage on or near the Airport, neat, clean and free from dirt and trash at all times; <br />provided, except for the obligation to remove its debris therefrom, Lessee shall have no <br />responsibility for any of the following which are located off of the Leased Premises and used in <br />common with others: ramps, sidewalks, service ways, loading areas and other Airport Facilities. <br />Lessee will provide a dumpster or other suitable trash receptacles for the Leased Premises for use <br />by Lessee, its agents, contractors, employees, invitees or licensees. Lessee shall arrange for the <br />regular removal of the trash at Lessee’s expense. <br />3.06No Outside Storage. With respect to that portion of the Leased Premises described in Exhibit A, <br />Lessee shall store all equipment, materials and supplies within the confines of the building <br />located thereon, and outside storage is specifically prohibited without the advance written consent <br />of Lessor. <br />3.07Use of Airport Facilities. Lessor agrees that Lessee shall have access to the runways, taxiways, <br />ramps and other Airport Facilities at the Airport to the same extent as other Airport users. <br />3.08Parking. Lessee shall have nonexclusive use of the public parking lot adjacent tothat portion of <br />the Leased Premises described in Exhibit Afor Lessee’s employees and customers. <br />3.09Additional Airport Facilities. Notwithstanding any provision of this Lease, Lessee shall have no <br />obligation to build or construct any improvements or facilities on or off the Leased Premises <br />which constitute Airport Facilities, including, without limitation, offsite utility lines or other <br />improvements, and any agreement to the contrary shall be made set forth in a writing signed and <br />dated by Lessee and identifying the specific improvement(s). Except as provided in any such <br />agreement, Lessor and Lessee that, in the event Lessee constructs Airport Facilities, Lessee may <br />be entitled to, and may receive, a just and fair credit against Rent in consideration for such work <br />and funds expended by Lessee related thereto. The foregoing provision shall survive expiration <br />or earlier termination of this Agreement. <br />5 <br /> <br />
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