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Res 2022-182R/approving a Ground Lease Agreement for Non-Aeronautical Use between the San Marcos Regional Airport and the City of San Marcos Fire Departmen
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Res 2022-182R/approving a Ground Lease Agreement for Non-Aeronautical Use between the San Marcos Regional Airport and the City of San Marcos Fire Departmen
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11/29/2022 10:14:26 AM
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11/8/2022 8:51:10 AM
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a. Terminate this Lease. Lessor may terminate this Lease on written notice to Lessee. In <br />such event, Lessee shall immediately surrender the Leased Premises to Lessor and, if <br />Lessee fails to do so, Lessor may enter and take possession of the Leased Premises and <br />remove Lessee and any other person occupying the Leased Premises, using reasonable <br />force if necessary, without prejudice to any other remedy it may have for possession or <br />arrearages in Rent and without being liable for any resulting damages. Lessee agrees to <br />pay to Lessor the actual and reasonable amount of related costs and expenses incurred by <br />Lessor, inclusive of reasonable attorney and court costs, within thirty (30) days of Lessor's <br />request for payment, accompanied by evidence of such costs and expenses. If Lessor <br />terminates this Lease, Lessee shall be deemed to have relinquished all right, title and <br />interest in and to all Improvements (exclusive of Lessee's removable trade fixtures and <br />equipment), and the same shall become the property of Lessor. <br />b. Relet the Leased Premises and Receive the Rent. Lessor may terminate Lessee's right to <br />possession of the Leased Premises and enjoyment of the rents, issues and profits there from <br />without terminating this Lease or the estate created hereby. If Lessor retakes possession of <br />the Leased Premises as provided herein, Lessor may lease, manage and operate the Leased <br />Premises and collect the rents, issues and profits there from for the account of Lessee, and <br />credit to the satisfaction of Lessee's obligations hereunder the net rental thus received, after <br />deducting therefrom all reasonable, actual out-of-pocket third party costs and expenses of <br />repossessing, leasing, managing and operating the Leased Premises. <br />C. Enter and Perform. Lessor shall have the right, but not the obligation, to enter upon the <br />Leased Premises and perform any obligation that Lessee has failed to perform. All <br />reasonable and actual costs and expenses incurred by Lessor in performing such obligations <br />of Lessee shall be deemed additional Rent payable by Lessee to Lessor. <br />d. Other Remedies. Lessor may exercise any other right or remedy available to Lessor under <br />this Lease or at law or in equity. <br />Default by Lessor. Lessor shall be deemed to be in default of this Lease (herein, a "Lessor <br />Default") if Lessor shall fail to keep, perform or observe any of the covenants, agreements, <br />terms or provisions contained in this Lease that are to be kept or performed by Lessor and <br />Lessor shall fail to cure such failure within thirty (30) days after delivery by Lessee to <br />Lessor of written notice specifying the failure; provided, so long as the subject default did <br />not occur due to Lessor's breach of an affirmative covenant herein (e.g., pursuant to <br />Sections 1.01, 1.05, 1.06, 3.08, 7.01(a), 9.02 and Article 8), if the failure is curable other <br />than by the payment of money but camlot be cured within such thirty (30) day period, <br />Lessor shall not be in default if Lessor commenced cure of the failure during such thirty <br />(30) day period and thereafter diligently and continuously pursues the cure to its <br />completion. <br />13.03 Lessee's Remedies. If a Lessor Default occurs, Lessee may at any time thereafter and prior to the <br />cure thereof do any one or more of the following; <br />a. Terminate this Lease. Lessee may terminate this Lease by giving Lessor written notice <br />thereof, in which event this Lease and the leasehold estate hereby created and all interest <br />of Lessee and all parties claiming by, through or under Lessee shall automatically terminate <br />upon the effective date of such notice and, except for the obligations of the parties which <br />survive closing and Lessee's rights under b. below (which shall survive termination), the <br />parties shall have no further rights or obligations hereunder; or <br />12 <br />
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