Res 2009-120 - Laserfiche WebLink

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City of San Marcos Airport 15.02. If any clause or provision of this LEASE is illegal, invalid or unenforceable under present or future laws, this LEASE will remain in effect, and the remaining provisions will continue in force if they can be given effect without the invalid portion. 15.03. This LEASE may be amended only by an instrument in writing signed by both parties, or by City Council review of the rental fees every Five (5) years as allowed by the Minimum Standards. In the event there is an increase in rental fees, such increase shall not exceed 107% of the then existing rate. This LEASE shall apply to and be binding upon the parties, and upon their respective successors in interest and legal representatives, unless otherwise expressly provided in this LEASE. 15.04. The captions used in this LEASE are for convenience only and do not in any way limit or amplify the terms and provisions of this LEASE. 15.05. One (1) or more waivers of any covenant, term or condition of this LEASE by either party shall not be deemed as a waiver by that party as to any subsequent similar act or omission. 15.06. Whenever a period of time is prescribed for action to be taken by the LESSOR or LESSEE, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes beyond the reasonable control of the LESSOR or LESSEE shall be excluded from the computation of any such period of time. 15.07. The LESSOR represents and warrants that it has the lawful authority to enter into this LEASE, and has title to the LEASED PREMISES as shown by the deeds to AIRPORT property from the Federal government and the LESSOR. The LESSOR further covenants that the LESSEE's shall have and enjoy undisturbed possession of the LEASED PREMISES as long as the LE55EE's fully comply with this LEASE. This LEASE is subject, however, to the right of the Federal government to use and control the AIRPORT during periods of national emergency; and is also subject to the right of the Federal government to take all or a portion of the AIRPORT for federal activities. 15.08. This LEASE shall not be construed as creating the relationship of principal and agent or of partnership or of joint venture between the parties. The only relationship between the parties is only that of LESSOR and LESSEE's. 15.09. The LESSEE's warrant that it has had no dealings with any broker or agent in connection with the negotiation or execution of this LEASE and the LESSEE's agrees to indemnify and hold the LESSOR harmless from and against any and all costs, expense or liability for commissions or other compensation and charges claimed by any other broker or agent with respect to this LEASE. Commercial Land Lease Page 18 of 22