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
thereafter prosecutes with diligence and completes the curing of such failure or breach <br />within a reasonable time; or <br />c.Certain Voluntary Acts. Lessee (i) files, or consents by answer or otherwise to the filing <br />against it if, a petition for relief or reorganization or arrangement or any other petition in <br />bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other <br />debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its <br />creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other <br />officer with similar powers of Lessee or of any substantial part of Lessee’s property; or <br />d.Receivership; Bankruptcy. Without consent by Lessee, a court or government authority <br />enters an order, and such order is not vacated within thirty (30) days, (i) appointing a <br />custodian, receiver, trustee or other officer with similar powers with respect to Lessee or <br />with respect to any substantial part of Lessee’s property, or (ii) constituting an order for <br />relief or approving a petition for relief or reorganization or arrangement or any other <br />petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, <br />insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, <br />winding up or liquidation of Lessee; or <br />e.Vacation or Failure to Operate. Except in connection with construction, alteration, <br />casualty, eminent domain, act of Lessor, the United States of America or the State of <br />Texas which precludes occupation and use of the Leased Premises or Force Majeure, <br />Lessee vacates or fails to use all or any substantial portion of the Leased Premises for one <br />hundred (120) consecutive days; or <br />f.Levy or Attachment. Except as permitted pursuant to a SNDA executed by Lessor, <br />Lessee and Lessee’s lenderand/or any related loan documents, this Lease or any estate <br />of Lessee hereunder is levied upon under any attachment or execution and such <br />attachment or execution is not vacated within thirty (30) days. <br />15.02Lessor Remedies.If an event of default occurs and the applicable cure period has expired, <br />at any time after such occurrence and prior to the cure thereof, with or without additional <br />notice or demand and without limiting Lessor’s rightsor remedies as a result of the event <br />of default, Lessor may do the following: <br />a.Terminate this Lease. Lessor may terminate this Lease on written notice to Lessee. In <br />such event, Lessee shall immediately surrender the Leased Premises to Lessor and, if <br />Lessee fails to do so, Lessor may enter and take possession of the Leased Premises and <br />remove Lessee and any other person occupying the Leased Premises, using reasonable <br />force if necessary, without prejudice to any other remedy it may have for possession or <br />arrearages in Rent and, except as provided in Section 11.05.b., without being liable for <br />any resulting damages. Lessee agrees to pay to Lessor the actual and reasonable amount <br />of related costs and expenses incurred by Lessor, inclusive of reasonable attorney and <br />court costs, within thirty (30) days of Lessor’s request for payment, accompanied by <br />evidence of such costs and expenses. If Lessor terminates this Lease, Lessee shall be <br />deemed to have relinquished all right, title and interest in and to all Improvements <br />(exclusive of Lessee’s removable trade fixtures and equipment), and the same shall <br />become the property of Lessor. <br />b.Relet the Leased Premises and Receive the Rent. Lessor may terminate Lessee’s right to <br />possession of the Leased Premises and enjoyment of the rents, issues and profits there <br />17 <br /> <br />
The URL can be used to link to this page
Your browser does not support the video tag.