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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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b. Other Remedies. Lessee may exercise any other right or remedy available to Lessee under <br />this Lease or under Applicable Law, except as expressly limited by the terms of this Lease. <br />13.04 Acceptance of Rent. The acceptance by Lessor of Lessee's monthly payments subsequent to the <br />occurrence of any event of default shall be considered to be compensation for Lessee's use and <br />occupancy of the Leased Premises and shall in no way constitute a waiver by Lessor of its right to <br />exercise any remedy provided for any event of default. <br />ARTICLE 14: MISCELLANEOUS <br />14.01 Gender Neutral. When the singular number is used in this Lease, it will include the plural when <br />appropriate, and the neuter gender will include the feminine and masculine genders when <br />appropriate. <br />14.02 Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under <br />present or future laws, this Lease will remain in effect, and the remaining provisions will continue <br />in force if they can be given effect without the invalid portion. <br />14.03 Amendment. This Lease may be amended only by an instrument in writing signed by both parties. <br />This Lease shall apply to and be binding upon the parties and their permitted successors in interest <br />and legal representatives. <br />14.04 Headings. The captions used in this Lease are for convenience only and do not in any way limit or <br />amplify the terns and provisions of this Lease. <br />14.05 Nonwaiver of Rights. No waiver of default by either party of any terms, covenants and conditions <br />hereof to be performed, kept and observed by the other party shall be construed as, or shall operate <br />as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, <br />to be performed, kept and observed by the other party. <br />14.06 Force Majeure. Whenever a period of time is prescribed for action to be taken by Lessor or Lessee, <br />any delays due to strikes, riots, acts of God, shortages of labor or materials, war, govermnental <br />laws, regulations or restrictions or any other causes beyond the reasonable control of Lessor or <br />Lessee (herein, `force majeure") shall be excluded from the computation of any such period of <br />time. <br />14.07 Quiet Enjoyment. Lessor represents and warrants that it has the lawful authority to enter into this <br />Lease and has title to the Leased Premises. Lessor further covenants that Lessee shall have and <br />enjoy undisturbed possession of the Leased Premises as long as Lessee performs its obligations <br />under this Lease. This Lease is subject, however, to the rights of the United States of America <br />during periods of national emergency and its right to take all or a portion of the Airport for federal <br />activities, as provided herein. <br />14.08 No Partnership. This Lease shall not be construed as creating the relationship of principal and <br />agent or of partnership or of joint venture between the parties. The only relationship between the <br />parties is that of Lessor and Lessee. <br />14.09 No Brokers. Lessee warrants that it has had no dealings with any broker or agent in connection <br />with the negotiation or execution of this Lease, and Lessee agrees to indemnify and hold Lessor <br />and Airport Management harmless from and against any and all costs, expense or liability for <br />13 <br />
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