My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
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
San-Marcos
>
City Clerk
>
03 Resolutions
>
2010's
>
2018
>
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
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/27/2018 8:37:11 AM
Creation date
6/28/2018 4:05:10 PM
Metadata
Fields
Template:
City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Airport
Number
2018-106
Date
6/19/2018
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
58
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
Effective Date. Lessee shall, at its sole cost and risk, be responsible for rebuilding or <br />repairing any damaged Improvements made by Lessee. If the Leased Premises are <br />untenantable in whole or in part following such damage, the rent payable during the <br />period in which they are untenantable shall be adjusted based on the proportion of the <br />Leased Premises rendered unusable as compared to the entire Leased Premises, but there <br />shall be no abatement of any other amounts payable by Lessee under the terms of this <br />Lease. In the event that Lessor fails to complete such rebuilding or repairs within one <br />hundred eighty (180) working days after the date of Lessor’s receipt of insurance <br />proceeds in connection with the casualty, Lessee may terminate this Lease as to the <br />portion of the Leased Premises affected by the casualty or in its entirety upon thirty (30) <br />days’ written notice to Lessor, in which event, except for obligations of the parties which <br />survive termination, the parties shall have no further rights or obligations under this <br />Lease or, as applicable, with respect to the terminated portion of the Leased Premises as <br />of the effective date of termination. <br />ARTICLE 14: ASSIGNMENT AND SUBLETTING <br />14.01Assignment by Lessee. Except with respect to a Permitted Assignment (as defined below), <br />Lessee may not assign this Lease, or any of its rights or obligations hereunder, in whole or in part, <br />including by operation of law, without the prior written consent of Lessor; provided (i) no change <br />in the direct or indirect control of Lessee or any ownership interests therein shall be considered an <br />assignment, and (ii) Lessor shall not unreasonablywithhold, condition or delay its consent to a <br />proposed assignment. In connection with any request by Lessee for Lessor’s consent to a <br />proposed assignment, Lessor’s denial of such consent shall be based upon the following: <br />a.In the reasonable judgment of Lessor, the assignee (i) is of a character or engaged in a <br />business or proposes to use the Leased Premises in a manner which is not in keeping with <br />Airport standards or would diminish the value of the Airport, or (ii) in Lessor’s <br />reasonable opinion, is not creditworthy (provided, consent shall not be denied if Lessee <br />agrees to remain liable under this Lease); <br />b.The occupancy of the Leased Premises by the proposed assignee would cause Lessor’s <br />insurance to be cancelled (or increased, unless such costs will be reimbursed by the <br />proposed assignee); <br />c.The use is not a use generally in keeping with uses allowed at the Leased Premises; or <br />d.The use is prohibited at the Airport. <br />Such consent shall be deemed to have been granted if written notice of non-consent is not <br />received by Lessee within thirty (30) days of a written request for consent. <br />14.02Sublease. Notwithstanding the provisions of Section 14.01, Lessee may sublease or otherwise <br />permit the use of office space to subtenants or other users without Lessor’s prior consent provided <br />that (i) the sublease or other use and occupancy agreement is expressly subject to and subordinate <br />to this Lease, and (ii) the terms of the sublease or other use or occupancy agreement are <br />consistent with the terms and conditions of this Lease. Additionally, Lessee shall provide Airport <br />Management with a list of subtenants no more than two times per calendar year. <br />14.03No Release. Except for a Permitted Assignment or assignment to a Qualified Lessee (as defined <br />below) to which Lessor has consented pursuant to Section 14.01, no assignment, sublease or grant <br />15 <br /> <br />
The URL can be used to link to this page
Your browser does not support the video tag.