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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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commissions or other compensation charges payable to any broker or agent of Lessee with respect <br />to this Lease. <br />14.10 Governing, Law; Venue; Dispute Resolution. The parties agree that the laws of the State of Texas <br />shall govern this Lease and that exclusive venue for enforcement of this Lease shall lie in Hays <br />County, Texas. In the event a claim, dispute, or controversy (defined for the purposes of this Lease <br />as "Claim") arises out of or relates to flus Lease, Lessor and Lessee agree that, as a condition <br />precedent to litigation, Lessor (or, at Lessor's direction, Airport Manager) shall meet and attempt <br />to resolve the matter within five (5) business days of a party's request. <br />14.11 Charitable Immunity or Exemption. If Lessee is a charitable association, corporation, partnership, <br />individual enterprise or entity and claims immunity to or an exemption from liability for any kind <br />of property damage or personal damage, injury or death, Lessee hereby expressly waives its rights <br />to plead defensively any such immunity or exemption as against Lessor and Airport Management. <br />14.12 Notices. Notices required of either party pursuant to the provisions of this Lease shall be <br />conclusively determined to have been delivered to the other party when (i) hand -delivered to the <br />other party, or (ii) mailed in the United States Mail, postage prepaid, certified, with return receipt <br />requested, to the address specified below: <br />If to Lessor: <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />and <br />4400 Highway 21 <br />San Marcos, Texas 78666 <br />If to Lessee: <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />A party hereto may change its address by giving notice thereof to the other party in conformity with <br />this Section 18.12. <br />14.13 Entire Agreement. This Lease and the exhibits hereto constitute the entire understanding and <br />agreement by the parties hereto concerning the Leased Premises, and any prior or contemporaneous <br />agreement, oral or written, which purports to vary from the terms hereof shall be void. <br />14.14 Action through Airport Management. All parties agree that Lessor may choose to exercise any of <br />its non -delegable powers under this Lease through its Airport Management. Unless Lessor notifies <br />Lessee in writing of new Airport Management, Airport Management is Texas Aviation Partners, <br />LLC, a Texas limited liability company, with an address of 1807 Airport Drive, Suite 200, San <br />Marcos, Texas 78666. <br />14 <br />
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