Res 2009-120 - Laserfiche WebLink

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City of San Marcos Airport dimensions that differ by 25% or less from the dimensions which appear on the Exhibit "A" attached to this LEASE on the date hereof. In addition, changes in the number or size of the hangar units constructed in the FACILITIES will not be considered substantial changes to the plans. Any other substantial deviation to either the area of the LEASED PREMISES or the size and specifications of the FACILITIES must be approved by the LESSOR'S governing body. 1.02. The LESSEE acknowledges that, subject to the LESSOR'S obligations under paragraph 1.04 below, 1) the LESSOR makes no representations or warranty regarding the suitability of the LEASED PREMISES for the LESSEE's intended purposes, or the presence of environmental, geologic, or other site conditions that may off ect the LESSEE's use of the LEASED PREMISES; 2) the LESSEE accepts full responsibility for determining the suitability of the LEASED PREMISES for its intended purposes; 3) the LESSEE has inspected and performed all tests and investigations of the LEASED PREMISES for its intended purposes; and 4) the LESSEE is accepting the LEASED PREMISES in their present condition, and the LESSEE agrees to perform all preparation, repairs, remediation and other activities necessary to use the LEASED PREMISES for the LESSEE's intended purposes. 1.03. The LESSEE agrees to comply with the SAN MARCOS MUNICIPAL AIRPORT STANDARD OPERATING PROCEDURES AND REGULATIONS and the MINIMUM STANDARDS FOR FIXED BASE OPERATORS AND AIRPORT TENANTS, as they now exist or may be amended during the term of this LEASE, and any conflict between this LEASE and these procedures, regulations and standards will be resolved in favor of the procedures, regulations and standards. 1.04. The LESSOR agrees to construct the INFRASTRUCTURE IMPROVEMENTS within 18 calendar months of the date hereof, in a good and workmanlike manner and in accordance with all applicable laws, statutes, and ordinances. The INFRASTRUCTURE IMPROVEMENTS will be deemed completed on the date of final inspection and approval by the City of San Marcos. The LESSOR acknowledges and agrees that the LESSEE'S obligations under this LEASE are expressly contingent upon the LESSOR completing the INFRASTRUCTURE IMPROVEMENTS as contemplated herein. If the LESSOR fails to complete the INFRASTRUCTURE IMPROVEMENTS as contemplated herein, then the LESSEE may terminate this LEASE, without penalty, by giving written notice to the LESSOR. As used herein, "INFRASTRUCTURE IMPROVEMENTS" means the improvements to be completed by Lessor and listed on Exhibit "B" attached to and made a part of this LEASE for all purposes. 1.05. The LESSOR covenants and agrees that during the term of this LEASE it will operate and maintain the AIRPORT and its facilities as a public airport consistent with and pursuant to the sponsor's assurances given by the LESSOR to the United Commercial Land Lease Page 2 of 22