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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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18.15. Notices. Notices required of either party pursuant to the provisions of this Lease shall be <br /> conclusively determined to have been delivered to the other party when(i)hand-delivered <br /> to the other party, or(ii)mailed in the United States Mail, postage prepaid, certified,with <br /> return receipt requested,to the address specified below: <br /> If to Lessor: <br /> City of San Marcos <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> If to Lessee: <br /> Julep Aviation,LLC <br /> Attn: Eric Turner <br /> 21750 Hardy Oak Blvd <br /> Suite 104,PMB9107 <br /> San Antonio,Texas 78258 <br /> A party hereto may change its address by giving notice thereof to the other party in <br /> conformity with this Section 18.15. <br /> 18.16. Consent. In any instance in which the consent of any party hereto, or the Airport <br /> Management, is required, consideration of the matter in question is to be promptly given, <br /> consent not to be unreasonably withheld,conditioned or delayed. <br /> 18.17. Attorney Fees. Each party will be required to pay its own attorneys' fees incurred in <br /> connection with the negotiation of this Lease or any action or proceeding arising between <br /> Lessor and Lessee regarding this Lease. Further,except as expressly provided herein,each <br /> party waives any and all rights under law or in equity to seek or recover attorney's fees <br /> from the other party in any civil or administrative litigation or dispute resolution <br /> proceeding for breach of this Lease or to enforce any provision of this Lease. <br /> 18.18. Recordation. Lessor and Lessee will, at the request of the other, promptly execute a <br /> memorandum of lease in recordable form constituting a short form of this Lease, which <br /> may be filed for record in the Official Public Records of Caldwell County, Texas, and the <br /> real property records of the county in which the Leased Premises is located. This Lease <br /> itself shall not be filed of record. <br /> 18.19. Reservation of Immunities. LESSOR DOES NOT WAIVE, AND EXPRESSLY <br /> RESERVES, ALL IMMUNITIES EXISTING UNDER APPLICABLE LAW <br /> AVAILABLE TO LESSOR AS A TEXAS HOME-RULE MUNICIPAL <br /> CORPORATION. <br /> 18.20. No Third Party Beneficiaries. This Lease is for the sole benefit of the parties hereto and <br /> their permitted assigns and nothing herein expressed or implied shall give or be construed <br /> to give to any person or entity other than the parties hereto and their assigns any legal or <br /> equitable rights hereunder. <br /> 18.21. Survival. Any terms and provisions of this Lease pertaining to rights, duties or liabilities <br /> extending beyond the expiration or termination of this Lease shall survive the same. <br /> 22 <br />
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