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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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Airport
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2018-106
Date
6/19/2018
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the transfer of federal or State of Texas rights or property to Lessor for the development, <br />maintenance and repair of Airport infrastructure. Lessor covenants and agrees that it has no <br />existing agreements with the United State of America or the State of Texas in conflict with the <br />express provisions of this Lease and that it will not enter into any such agreements. <br />8.04War; National Emergency. During time of war or national emergency, Lessor shall have the right <br />to lease the landing area or any part thereof to the United States of America for military or naval <br />use and, if such lease is executed, the provisions of this Lease, insofar as they are inconsistent <br />with the provisions of the lease to the Government, shall be suspended. All Rent or other <br />payments owing under this Lease shall likewise be suspended until Lessee’s normal operations <br />resume at the Leased Premises. In addition, if Lessee’s normal business operations are materially <br />affected for a period in excess of one eighty (180) days, Lessee may terminate this Lease upon <br />written notice to Lessor, in which event, except for the obligations of the parties which expressly <br />survive termination of this Lease, the parties shall have no further rights or obligations hereunder <br />except to the extent permitted in, and in accordance with, Section 4.07, Lessee may remove its <br />personal and other property within thirty (30) days after the date of Lessee’s notice of termination <br />(the exercise of which right shall not constitute a holdover). Nothing contained in this Lease shall <br />prevent Lessee from pursuing any rights which Lessee may have for reimbursement from the <br />United States of America for the taking of any part of Lessee’s leasehold estate or for any loss or <br />damage caused to Lessee by the United States of America. <br />8.05Operation as Public Airport. Lessor covenants and agrees that during the Termand any renewal <br />thereof it will operate and maintain the Airport and its public Airport Facilities as a public use <br />airport. <br />ARTICLE 9: OPERATION OF THE AIRPORT <br />9.01Non Discrimination Requirements. <br />a.It is specifically understood and agreed that this Lease does not grantor authorize an <br />exclusive right for conducting any aeronautical activity which is unlawfully <br />discriminatory. Lessee specifically agrees not to discriminate in its use of the Leased <br />Premises in any manner prohibited by applicable FAA regulations. Lessor agrees not to <br />lease space to other tenants or users at the Airport on terms more favorable (including, <br />without limitation, ground rents, other rents or fees, or length of term) than those <br />contained in this Lease and, if Lessor enters into a lease or other agreement for the same <br />or similar use, the material terms of which are more favorable terms than those contained <br />herein, the more favorable material terms shall be offered to Lessee and, at Lessee’s <br />election, this Lease shall be modified to reflect the more favorable material terms. <br />b.Lessee, for itself, its personal representative, successors in interest and assigns, as part of <br />the consideration herein, agrees that no person shall be excluded from participation in or <br />denied the benefits of Lessee’s use of the Airport on the basis of race, color, national <br />origin, religion, handicap or gender. Lessee further agrees for itself, its personal <br />representatives, successors in interest and assigns that no person shall be excluded from <br />the provision of any service on or in the construction of any improvements or alterations <br />to the Leased Premises on grounds of race, color, national origin, religion, handicap or <br />gender. In addition, Lessee covenants and agrees that it will at all times comply with any <br />applicable requirements imposed by or pursuant to Title 49 of the Code of Federal <br />Regulations, Part 121, Non-Discrimination in Federally Assisted Programs of the <br />Department of Transportation, and with any applicable future amendments thereto. <br />10 <br /> <br />
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