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Res 2008-024
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Res 2008-024
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Last modified
3/26/2009 1:28:48 PM
Creation date
2/20/2008 4:36:59 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-24
Date
2/19/2008
Volume Book
174
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AGREEMENT AUTHORIZING USE OF AIRPORT PROPERTY FOR <br />OPERATION OF BUSINESS <br />Section 1. Parties. This agreement (this "Agreement") is made between Officers Club AeroVentures <br />San Marcos #l, LP, SPECIALIZED AERO SERVICES, and the City of San Marcos (the "City"). <br />Section 2. Background. The City is the owner of the San Marcos Municipal Airport (the <br />"Airport"), situated in San Marcos, Caldwell County, Texas. The City and Officers Club <br />AeroVentures San Marcos #l, LP previously entered into: a) a Lease of Unimproved Airport <br />Property For Construction and Operation of Business Facilities approved on April 19, 2005; b) <br />Amendment Number One To Lease of Airport property approved on September 20, 2005; c) <br />Amendment Number Two To Lease of Airport property, approved on December 1 1, 2007, to allow <br />business activities in addition to hangar rental; and d) Amendment Number Three To Lease of <br />Airport Property, approved on February 19, 2008, which added Officers Club AeroVentures San <br />Marcos #2, LP as an additional Lessee. The original lease and the three amendments just described <br />shall hereinafter be referred to as the "City Lease." Officers Club AeroVentures San Marcos #2, LP <br />has renovated a commercial facility (the "Facility") on the Property, and Officers Club AeroVentures <br />San Marcos #2, LP and SPECIALIZED AERO SERVICES have entered into a Sublease of Airport <br />Property dated December 1, 2007 (the "Sublease"). <br />Section 3. Authorization for Operation of Airport Business by SPECIALIZED AERO <br />SERVICES. This Agreement authorizes SPECIALIZED AERO SERVICES to operate a business <br />within the Facility, subj ect to the terms of this Agreement. <br />Section 4. Acceptance of Terms of City Lease. SPECIALIZED AERO SERVICES acknowledges <br />that it has received a copy of the documents comprising the City Lease. Officers Club Aero Ventures <br />San Marcos #2, LP and SPECIALIZED AERO SERVICES agree that the Sublease is subject to all <br />terms and conditions of the City Lease, and that any provision in the Sublease that conflicts with any <br />provision of the City Lease is null and void and of no force or effect. Officers Club AeroVentures <br />San Marcos #2, LP and SPECIALIZED AERO SERVICES agree not to execute any amendment to <br />the Sublease without obtaining the prior written approval of the City. <br />Section 5. Continuing Responsibility of Officers Club AeroVentures San Marcos #2, LP under <br />City Lease. The City and Officers Club AeroVentures San Marcos #2, LP agree that the City's <br />approval of the Sublease, and its authorization in this Agreement for SPECIALIZED AERO <br />SERVICES to conduct business at the Airport, do not affect Officers Club AeroVentures San Marcos <br />#2, LP's obligations under the City Lease, and Officers Club AeroVentures San Marcos #l, LP <br />remains fully responsible to the City for compliance with all provisions of the City Lease. Officers <br />Club AeroVentures San Marcos #2, LP remains fully responsible to the City for compliance with all <br />provisions of the City Lease. Officers Club AeroVentures San Marcos #2, LP shall remain jointly <br />responsible with Officers Club AeroVentures San Marcos #l, LP to continue making lease payments <br />to the City in accordance with the City Lease. <br />
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