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Res 2023-019/approving an airport facility redevelopment agreement for commercial use with US Aviation Group, LLC for the lease of airport
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Res 2023-019/approving an airport facility redevelopment agreement for commercial use with US Aviation Group, LLC for the lease of airport
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4/24/2023 1:36:09 PM
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2/21/2023 4:28:49 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-019
Date
1/17/2023
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DocuSign Envelope ID:CFOA3C46-0329-49E2-B3D4-269B064BBEC1 <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 /> US Aviation Group,LLC <br /> ATTN: Scott Sykes <br /> 4850 Spartan Drive <br /> Denton, Texas 76207 <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 /> 18.13 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 /> 18.14 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 4400 Highway 21, San Marcos, Texas <br /> 78666. <br /> 18.15 Consent. In any instance in which the consent of one party,or the Airport Management,is required, <br /> consideration of the matter in question is to be promptly given, consent not to be unreasonably <br /> withheld,conditioned or delayed. <br /> 18.16 Attorney. Each party will be required to pay its own attorneys' fees incurred in connection <br /> with the negotiation of this Lease or any action or proceeding arising between Lessor and Lessee <br /> regarding this Lease. Further, except as expressly provided herein, each party waives any and all <br /> rights under law or in equity to seek or recover attorney's fees from the other party in any civil or <br /> administrative litigation or dispute resolution proceeding for breach of this Lease or to enforce any <br /> provision of this Lease. <br /> 18.17 Recordation. Lessor and Lessee will,at the request of the other,promptly execute a memorandum <br /> of lease in recordable forrn constituting a short form of this Lease, which may be filed for record <br /> in the Official Public Records of Caldwell County, Texas. This Lease itself shall not be filed of <br /> record. <br /> 18.18 Reservation of Immunities. LESSOR DOES NOT WAIVE, AND EXPRESSLY RESERVES, <br /> ALL IMMUNITIES EXISTING UNDER APPLICABLE LAW AVAILABLE TO LESSOR AS A <br /> TEXAS HOME-RULE MUNICIPAL CORPORATION. <br /> -19- <br />
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