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Res 2018-107/Amended and Restated Revised Lease of Unimproved Property for Construction and Operation of Business Facilities with Berry Aviation, Inc. for an aircraft hangar and tract of land at the San Marcos Regional Airport
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Res 2018-107/Amended and Restated Revised Lease of Unimproved Property for Construction and Operation of Business Facilities with Berry Aviation, Inc. for an aircraft hangar and tract of land at the San Marcos Regional Airport
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12/27/2018 8:37:19 AM
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6/28/2018 4:05:39 PM
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Resolutions
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Airport
Number
2018-107
Date
6/19/2018
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18.14 <br />Action through Airport Management. All parties agree that Lessor may choose to exercise any of <br />its non-delegable powers under this Lease through its Airport Management. Unless Lessor <br />notifies Lessee in writing of new Airport Management, Airport Management is Texas Aviation <br />Partners, LLC, a Texas limited liability company, with an address of 1807 Airport Drive, Suite <br />200, San Marcos, Texas 78666. <br />18.15 <br />Consent. In any instance in which the consent of one party, or the Airport Management, is <br />required, consideration of the matter in question is to be promptly given, consent not to be <br />unreasonably withheld, conditioned or delayed. <br />18.16 <br />Attorney Fees. Each party will be required to pay its own attorneys’ fees incurred in connection <br />with the negotiation of this Lease or any action or proceeding arising between Lessor and Lessee <br />regarding this Lease. Further, except as expressly provided herein, each party waives any and all <br />rights under law or in equity to seek or recover attorney’s fees from the other party in any civil or <br />administrative litigation or dispute resolution proceeding for breach of this Lease or to enforce <br />any provisionof this Lease. <br />18.17 <br />Recordation. Lessor and Lessee will, at the request of the other, promptly execute a <br />memorandum of lease in recordable form constituting a short form of this Lease, which may be <br />filed for record in the Official Public Records of Caldwell County, Texas. This Lease itself shall <br />not be filed of record. <br />18.18 <br />Reservation of Immunities. TO THE EXTENT PROVIDED IN TEXAS LOCAL <br />GOVERNMENT CODE CHAPTER 271 SUBCHAPTER I, AND OTHER APPLICABLE LAW, <br />LESSOR WAIVES ITS RIGHTS TO ASSERT GOVERNMENTAL IMMUNITY FROM SUIT <br />FOR BREACH OF THIS LEASE BY LESSOR OR LIABILITY FOR CONTRACT CLAIMS <br />ASSERTED BY LESSEE SEEKING THE REMEDIES OF LESSEE SET FORTH HEREIN, <br />INCLUSIVE OF SECTION 15.04. EXCEPT AS PROVIDED IN THE PRECEDING <br />SENTENCE, LESSOR DOES NOT WAIVE, AND EXPRESSLY RESERVES, ALL <br />IMMUNITIES EXISTING UNDER APPLICABLE LAW AVAILABLE TO LESSOR AS A <br />TEXAS HOME-RULE MUNICIPAL CORPORATION. IT IS EXPRESSLY AGREED AND <br />UNDERSTOOD THAT THE FOREGOING WAIVER IS A LIMITED AND NOT A GENERAL <br />WAIVER, AND THAT ITS EFFECT IS LIMITED TO SPECIFIC CONTRACT CLAIMS <br />UNDER THIS LEASE. <br />18.19 <br />No Third Party Beneficiaries. This Lease is for the sole benefit of the parties hereto and their <br />permitted assigns and nothing herein expressed or implied shall give or be construed to give to <br />any person or entity other than the parties hereto and their assigns any legal or equitable rights <br />hereunder. <br />18.20 <br />Survival. Any terms and provisions of this Lease pertaining to rights, duties or liabilities <br />extending beyond the expiration or termination of this Lease shall survive the same. <br />18.21 <br />Exhibits.The exhibits to this Lease areas follows: <br />Exhibit ALocation of Ground Lease Premises <br />Exhibit BAir Carrier Complex <br />Exhibit CCopy of Rules and Regulations <br />Exhibit DCopy of Minimum Standards <br />Exhibit EList of Sponsor Assurances <br />Exhibit FOutside Storage <br />21 <br /> <br />
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