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Res 2009-120
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Res 2009-120
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Last modified
7/6/2011 2:11:16 PM
Creation date
9/24/2009 11:01:53 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-120
Date
9/15/2009
Volume Book
183
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City of San Marcos <br />Airport <br />thirty (30) calendar days from the date it receives such notice to cure any other <br />default under this LEASE to LESSOR's reasonable satisfaction in order to avoid <br />such cancellation, termination or surrender; (E) a written statement certifying that <br />this LEASE is unmodified and in full force and effect (or if there have been <br />modifications, that the same is in full force and effect as so modified), and <br />confirming that the LESSEE is not in default as to any obligations of the LESSEE <br />under this LEASE (or if LESSEE is in default, specifying any default); (F) an <br />agreement that, notwithstanding the provisions of this LEASE to the contrary, in <br />the event sublessee shall be entitled to any insurance or condemnation proceeds <br />with regard to its subleasehold interest, the deed of trust provisions giving the <br />lender the option to either apply such proceeds to the sums secured by the deed of <br />trust or to permit the sublessee to use such proceeds to repair the LEASED <br />PREMISES, shall be controlling; (G) an agreement that in the event that the lender <br />undertakes to enforce its rights to any collateral granted by its deed of trust on <br />account of a default by the sublessee under the deed of trust, the LESSOR will <br />cooperate with the lender in its efforts to assemble and /or remove any personal <br />property of the sublessee on the LEASED PREMISES, and that the lender will <br />repair any damages at or to the Airport, including the LEASED PREMISES, caused <br />by or incident to the removal of any collateral. <br />ARTICLE 11. EVENTS OF DEFAULT AND REMEDIES <br />11.01. The following events shall be events of default by the LESSEE under this LEASE: <br />A. The LESSEE fails to pay when due any rental or any other sums or charges <br />due under this LEASE, and such failure continues for seven (7) days <br />following written notice thereof (provided, however, that LESSOR shall be <br />obligated to give only two such notices in any calendar year, and after such <br />two notices, LESSOR will no longer be obligated to give any other notice <br />under this Section 11.01A within such calendar year). <br />B. The LESSEE fails to comply with any other term, provision, or covenant of <br />this LEASE, and does not cure the failure within Thirty (30) days after <br />written notice to the LESSEE. However, if LESSEE's failure to comply <br />cannot reasonably be cured within thirty (30) days, LESSEE shall be allowed <br />additional time (not to exceed sixty (60) days) as is reasonably necessary to <br />cure the failure so long as LESSEE commences to cure the failure within <br />fifteen (15) days and LESSEE diligently pursues a course of action that will <br />cure the failure. For any subsequent default by the LESSEE for the same <br />or any other reason, the LESSOR may terminate the LEASE if that <br />subsequent default continues for more than Three (3) days after notice of <br />the subsequent default. <br />Commercial Land Lease Page 12 of 22 <br />
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