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Res 2023-141R Approving a 12,861 square foot ground lease with Julep Aviation
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Res 2023-141R Approving a 12,861 square foot ground lease with Julep Aviation
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9/19/2023 2:40:35 PM
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9/18/2023 12:56:07 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-141
Date
9/5/2023
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b. Nothing in this Lease shall be construed to grant Lessee a permanent right in any <br /> particular public Airport Facility should Lessor deem it advantageous to the <br /> operation of the Airport to close or relocate any such facility. <br /> ARTICLE 8: RIGHTS RESERVATIONS AND OBLIGATIONS OF LESSOR <br /> 8.01. Aerial Approaches. Subject to the provisions of this Lease, Lessor reserves the right to <br /> take any action it considers necessary to protect the aerial approaches of the Airport against <br /> obstructions, together with the right to prevent Lessee from erecting or permitting to be <br /> erected any building or other structure (exclusive of the Facilities which are permitted) <br /> which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a <br /> hazard to aircraft or diminish the capability of existing or future navigational and/or <br /> navigational aids used on the Airport. <br /> 8.02. Temporary Closure. Lessor reserves the right, consistent with industry standard <br /> operations,to temporarily close the Airport or any of the Airport Facilities for maintenance, <br /> improvement, safety or security of the Airport or the public, or for other reasonably <br /> necessary aviation-related causes, without being liable to Lessee for any damages caused <br /> by disruption of Lessee's business operations or for any other reason; provided, Lessor <br /> shall take reasonable steps to avoid or mitigate interference with the operation of Lessee's <br /> business at the Leased Premises. <br /> 8.03. Subordination. This Lease is subject to the provisions of any agreement made between <br /> Lessor and the United States of America and/or the State of Texas relative to the operation <br /> or maintenance of the Airport, the execution of which has been required as a condition <br /> precedent to the transfer of federal or State of Texas rights or property to Lessor for the <br /> development, maintenance and repair of Airport infrastructure. Lessor covenants and <br /> agrees that it has no existing agreements with the United State of America or the State of <br /> Texas in conflict with the express provisions of this Lease and that it will not enter into any <br /> such agreements. <br /> 8.04. War; National Emergency. During time of war or national emergency, Lessor shall have <br /> the right to lease the landing area or any part thereof to the United States of America for <br /> military or naval use and,if such lease is executed,the provisions of this Lease,insofar as <br /> they are inconsistent with the provisions of the lease to the Government, shall be <br /> suspended. All Rent or other payments owing under this Lease shall likewise be suspended <br /> until Lessee's normal operations resume at the Leased Premises. In addition, if Lessee's <br /> normal business operations are materially affected for a period in excess of one eighty <br /> (180)days,Lessee may terminate this Lease upon written notice to Lessor,in which event, <br /> except for the obligations of the parties which expressly survive termination of this Lease, <br /> the parties shall have no further rights or obligations hereunder except to the extent <br /> permitted in, and in accordance with, Section 4.07, Lessee may remove its personal and <br /> other property within thirty(30) days after the date of Lessee's notice of termination(the <br /> exercise of which right shall not constitute a holdover). Nothing contained in this Lease <br /> shall prevent Lessee from pursuing any rights which Lessee may have for reimbursement <br /> from the United States of America and/or Lessor for the taking of any part of Lessee's <br /> leasehold estate or for any loss or damage caused to Lessee by the United States of America <br /> and/or Lessor. <br /> 9 <br />
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