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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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IF ANY CLAIM ARISES FROM A VIOLATION OF THE FOREGOING NON- <br />DISCRIMINATION COVENANT BY LESSEE, LESSEE AGREES TO HOLD <br />HARMLESS AND INDEMNIFY LESSOR AND AIRPORT MANAGEMENT FROM <br />ANY ACTUAL LOSS OR EXPENSE, BUT NOT CONSEQUENTIAL, SPECIAL OR <br />EXEMPLARY COSTS, EXPENSES OR DAMAGES, INCURRED BY EITHER OF <br />THEM IN CONNECTION WITH SUCH VIOLATION. <br />9.02Airport Development. The use of a portion of the Airport property for use of the Leased Premises <br />is subordinate to the use of Airport property for aviation purposes. Lessor reserves the right to <br />further develop and improve the Airport as it may see fit. If the future development of the Airport <br />requires the relocation of Lessee’s Improvements during the Term and any renewal thereof, <br />Lessor agrees, prior to any such relocation, to (i) provide substitute leased premises comparable <br />to the Leased Premises for the remainder of the Term and renewal thereof, plus any then <br />permitted extensions, (ii) provide substitute leased premises in a location which is consistent with <br />and suitable for Lessee’s current business operations at the Leased Premises at the time of such <br />relocation, (iii) minimize disruptions to Lessee’s business and operations at the Leased Premises <br />to the extent possible, and (iv) to relocate (subject to Lessee’s reasonable agreement, taking into <br />account impacts on Lessee’s use thereof) or promptly reconstruct the Improvements at no cost to <br />Lessee. <br />9.03Aeronautical Services Grant and Requirements. The right to furnish aeronautical services to the <br />public is granted to Lessee by Lessor, subject to the following: <br />a.Lessee shall furnish such services on a fair, equal and nondiscriminatory basis to all <br />users. <br />b.Any discounts, rebates or similar price reductions to volume purchasers shall be fair, <br />reasonable and nondiscriminatory. <br />ARTICLE 10: INSPECTION AND PREMISES ACCEPTANCE <br />10.01Fire Safety. Lessee will permit the Fire Marshal to make inspection of the Leased Premises <br />during regular business hours, except in the event of an emergency, and Lessee will comply with <br />Applicable Laws as required to insure the Leased Premises comply with fire and building <br />provisions regarding fire safety. Lessee shall maintain, in proper condition, accessible fire <br />extinguishers in number and type required or approved by fire underwriters for the particular <br />hazard involved. <br />10.02Acceptance. Lessee agrees and covenants that Lessee has inspected the Leased Premises and is <br />fully advised of its own rights without reliance upon any representation made by Lessor as to the <br />condition of the Leased Premises, and accepts same in their present condition. <br />ARTICLE 11: INSURANCE AND INDEMNITY <br />11.01Liability Insurance: Lessee shall procure and maintain at all times during the Term and any <br />renewal thereof, in full force and effect, a policy or policies of commercial general liability <br />insurance as set forth in the Minimum Standards and related to Lessee’s lease, use and occupancy <br />of the Leased Premises.Such insurance shall be written so that Lessor must be notified in writing <br />at least thirty (30) days in advance of cancellation or non-renewal, and Lessee shall not amend <br />such insurance in any manner which fails to comply with the Minimum Standards. To the extent <br />not already in Lessor’s possession, Lessee shall provide certificates of insurance which satisfy the <br />11 <br /> <br />
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