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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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City Clerk - Document
Resolutions
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Approving
Number
2023-141
Date
9/5/2023
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control of Lessor or Lessee (herein, "force majeure") shall be excluded from the <br /> computation of any such period of time. <br /> 18.06. Quiet Enjoyment. Lessor represents and warrants that it has the lawful authority to enter <br /> into this Lease and has title to the Leased Premises. Lessor further covenants that Lessee <br /> shall have and enjoy undisturbed possession of the Leased Premises as long as Lessee is <br /> not in default under this Lease(beyond all applicable cure periods). This Lease is subject, <br /> however, to the rights of the United States of America during periods of national <br /> emergency and its right to take all or a portion of the Airport for federal activities, as <br /> provided herein. <br /> 18.07. No Partnership. This Lease shall not be construed as creating the relationship of principal <br /> and agent or of partnership or of joint venture between the parties. The only relationship <br /> between the parties is that of Lessor and Lessee. <br /> 18.08. No Brokers. Lessee warrants that it has had no dealings with any broker or agent in <br /> connection with the negotiation or execution of this Lease,and Lessee agrees to indemnify <br /> and hold Lessor and Airport Management harmless from and against any and all costs, <br /> expense or liability for commissions or other compensation charges payable to any broker <br /> or agent of Lessee with respect to this Lease. <br /> 18.09. Governing Law;Venue. The parties agree that the laws of the State of Texas shall govern <br /> this Lease and that exclusive venue for enforcement of this Lease shall lie in Hays County, <br /> Texas. <br /> 18.10. Permits.Lessee shall,at its sole expense,be responsible for obtaining and keeping in effect <br /> all licenses and permits necessary for the operation of its business at the Leased Premises. <br /> 18.11. Entire Agreement. This Lease and the exhibits hereto constitute the entire understanding <br /> and agreement by the parties hereto concerning the Leased Premises, and any prior or <br /> contemporaneous agreement,oral or written,which purports to vary from the terms hereof <br /> shall be void. <br /> 18.12. Severability.In case any one or more of the provisions contained in this Lease shall for any <br /> reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br /> illegality or unenforceability shall not affect any other provision of this Lease, and this <br /> Lease shall be construed as if such invalid,illegal or unenforceable provision had not been <br /> included in the Lease. <br /> 18.13. Charitable Immunity or Exemption. If Lessee is a charitable association, corporation, <br /> partnership, individual enterprise or entity and claims immunity to or an exemption from <br /> liability for any kind of property damage or personal damage, injury or death, Lessee <br /> hereby expressly waives its rights to plead defensively any such immunity or exemption as <br /> against Lessor and Airport Management. <br /> 18.14. Action through Airport Management. All parties agree that Lessor may choose to exercise <br /> any of its non-delegable powers under this Lease through its Airport Management. Unless <br /> Lessor notifies Lessee in writing of new Airport Management, Airport Management is <br /> Texas Aviation Partners,LLC, a Texas limited liability company,with an address of 1807 <br /> Airport Drive, Suite 200, San Marcos, Texas 78666. <br /> 21 <br />
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