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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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Resolutions
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Approving
Number
2022-259R
Date
11/15/2022
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d. The Lessee commences, or another party commences against the Lessee, proceedings in <br />bankruptcy, for reorganization, or for the readjustment or arrangement of its debts under the <br />bankruptcy laws of the United States or under any other law. <br />e. A receiver or trustee is appointed for all or substantially all of the assets of the Lessee. <br />f. The Lessee abandons or vacates all or any substantial portion of the Leased Premises for 120 <br />consecutive days. <br />g. The Lessee fails to construct to completion the hangar/facility as provided under Article 4. <br />h. Lessee defaults on any mortgage advanced by a lender to finance the facilities, improvements, <br />and/or fixtures for the Leased Premises. <br />15.02. The acceptance by the Lessor of the Lessee's monthly payments subsequent to the occurrence of <br />any event of default shall be considered to be compensation for Lessee's use and occupancy of the <br />Leased Premises, and shall in no way constitute a waiver by the Lessor of its right to exercise any <br />remedy provided for any event of default. <br />15.03. Upon the occurrence of any of the events of default, the Lessor shall have the option to pursue any <br />one (1) or more of the following remedies without any notice or demand whatsoever: <br />a. Terminate this Lease. In this event the Lessee shall immediately surrender the Leased Premises <br />to the Lessor, and if the Lessee fails to do so, the Lessor may enter and take possession of the <br />Leased Premises and remove the Lessee and any other person occupying the premises, by force <br />if necessary, without prejudice to any other remedy it may have for possession or arrearages in <br />rent, and without being liable for any resulting damages. The Lessee agrees to pay to the Lessor <br />the amount of all resulting costs, losses and damages incurred by the Lessor within thirty (30) <br />days of the Lessor's issuance of a statement to the Lessee. If Lessor terminates this Lease, <br />Lessee shall be deemed to have relinquished all right, title, and interest in and to all real <br />property improvements on the Leased Premises and such shall become the property of the <br />Lessor. <br />b. Relet the Leased Premises and receive the rent. The Lessee agrees to pay to the Lessor any <br />resulting costs, and any deficiency that may arise by reason of reletting, within thirty (30) days <br />of the Lessor's issuance of a statement to the Lessee. <br />c. Enter the Leased Premises, by force if necessary, without being liable for prosecution or any <br />claim for damages, and do whatever the Lessee is obligated to do under the terms of this Lease. <br />The Lessee agrees to reimburse the Lessor for any expenses the Lessor incurs in effecting <br />compliance with the Lessee's obligations under this Lease, within thirty (30) days of the <br />Lessor's issuance of a statement for the expenses to the Lessee. The Lessor and Airport <br />Manager and their officers, agents, owners, and employees shall not be liable for any damages <br />Page 17 of 21 <br />
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