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Res 2022-259R/approving a two year commercial ground lease of property at the San Marcos Regional Airport with Gryphon aviation, inc., doing business as Texas State Aviation
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Res 2022-259R/approving a two year commercial ground lease of property at the San Marcos Regional Airport with Gryphon aviation, inc., doing business as Texas State Aviation
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7/6/2023 1:31:29 PM
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Resolutions
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Approving
Number
2022-259R
Date
11/15/2022
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Limitation commenced; and (iii) the term of this Lease shall be extended, at Lessee's option, for a <br />period equal to the duration of such Limitation. If the Limitation lasts more than one hundred eighty <br />(180) days, then (i) Lessor and Lessee may, but shall not be required to, (a) further adjust the <br />payment of rent and other fees or charges, (b) renegotiate maintenance responsibilities and (c) <br />extend the term of this Lease, or (ii) Lessee may terminate this Lease upon thirty (30) days' written <br />notice to Lessor. <br />9.02. It is specifically understood and agreed that this Lease does not grant or authorize an exclusive <br />right for conducting any aeronautical activity which is unlawfully discriminatory. The Lessee <br />specifically agrees not to discriminate in its use of the Leased Premises in any manner prohibited <br />by Federal Aviation Administration Regulations. The Lessee further agrees to comply with any <br />nondiscrimination enforcement procedures required by the Federal government. <br />9.03. The Lessor reserves the right to further develop the Airport as it sees fit regardless of the desires of <br />the Lessee, and without any hindrance or interference from the Lessee. The Lessor expressly <br />reserves the right to grant leases and privileges to other persons with respect to the Airport, even <br />though the purposes for which these leases are given are the same and duplicate those contained in <br />this Lease. If the development of the Airport requires the relocation of the Lessee's hangar/facility <br />during the term of this Lease, the Lessor agrees to use reasonable efforts to provide a location <br />comparable to that provided to other private Lessees at the time of the relocation, and to relocate <br />the hangar/facility at no cost to the Lessee. <br />9.04. This Lease shall be subject to and in conformance with all City, State, and Federal ordinances, <br />statutes and regulations. <br />9.05. Lessee, for itself, its personal representative, successors in interest and assigns, as part of the <br />consideration herein, agrees that no person shall be excluded from participation in or denied the <br />benefits of Lessee's use of Airport on the basis of race, color, national origin, religion, handicap, <br />or gender. Lessee further agrees for itself, its personal representatives, successors in interest and <br />assigns that no person shall be excluded from the provision of any service on or in the construction <br />of any improvements or alterations to the Premises on grounds of race, color, national origin, <br />religion, handicap, or gender. In addition, Lessee covenants and agrees that it will at all times <br />comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal <br />Regulations, Part 121, Non -Discrimination in Federally Assisted Programs of the Department of <br />Transportation and with any amendments to this regulation which may hereafter be enacted. <br />IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- <br />DISCRIMINATION COVENANT BY LESSEE, ITS PERSONAL REPRESENTATIVES, <br />SUCCESSORS IN INTEREST OR ASSIGNS, LESSEE AGREES TO INDEMNIFY <br />LESSOR AND AIRPORT MANAGER AND THEIR OFFICERS, OWNERS, AGENTS, <br />SERVANTS, AND EMPLOYEES AND HOLD THEM HARMLESS FROM ANY LOSS OR <br />LIABILITY. <br />Page 11 of 21 <br />
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