Res 2009-120 - Laserfiche WebLink

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City of San Marcos Airport States Government and /or the State of Texas through the Federal Airport Act; and the LESSEE agrees that this LEASE and the LESSEE's rights and privileges hereunder shall be subordinate to the sponsor's assurances. 1.06. The LESSOR agrees that the LESSEE, and its agents, contractors, employees, invitees and licensees, shall have the right of ingress and egress to and from the LEASED PREMISES by means of roadways for automobiles and taxiways for aircraft including access during the construction phase of airport improvements, unless otherwise agreed to in writing by both parties. Such rights shall be consistent with the rules and regulations with respect to the occupancy and use of airport premises as adopted from time to time by the City of San Marcos and by the Federal Aviation Administration or any other state, federal or local authority. ARTICLE 2. RENT /TERM 2.01. Rental shall accrue commencing on the date the LESSEE receives a shell certificate of occupancy for the FACILITIES. Rent shall be payable at the place designated for the delivery of notices to the LESSOR in paragraph 15.11. 2.02. The LESSEE agrees to pay to the LESSOR a fixed rental in the sum of Twenty Cents ($0.20) per square foot per year for the entire area of the LEASED PREMISES. The annual amount for the fixed rental shall be paid in equal monthly installments in the amount of $1,056.25 each (which amount is subject to adjustment based upon the final square footage established by the engineering plans and /or survey referenced in paragraph 1.01), which shall be due and payable on the last day of each month for the succeeding month. The LESSEE, at its option, may make advance payments of up to One (1) year's fixed rentals, but there will be no discount for these payments. 2.03. As further consideration, the LESSEE agrees to pay to the LESSOR a percentage rental in the form of a monthly fee equal to Five Cents ($0.05) per square foot per year for only those portions of the LEASED PREMISES (i.e., those hangar units) that are occupied by a sublessee. Payment is to be made within Ten (10) days of the last day of the previous month and shall be based on the actual occupancy of the LEASED PREMISES during the previous month. 2.04. The LESSEE agrees to pay to the LESSOR a monthly fee for the use of tie -down or any other AIRPORT FACILITIES for aircraft, motor vehicles or any other equipment or items which are outside of the LEASED PREMISES and under the custody and control of the LESSEE or its employees, agents or customers. The AIRPORT FACILITIES will be charged at the then - established standard rental or use fee prescribed by the LESSOR. Commercial Land Lease Page 3 of 22