Res 2009-174 - Laserfiche WebLink

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to the suitability of the Facility for its intended purposes; and 4) Vent Airlines, Incorporated is accepting the Facility in its present condition, and Vent Airlines, Incorporated agrees to perform all preparation, repairs, remediation and other activities necessary to use the Facility for Vent Airlines, Incorporated's intended purposes. Section 7. Compliance with Regulations and Standards by Vent Airlines, Incorporated. Vent Airlines, Incorporated agrees to comply with the San Marcos Municipal Airport Standard Operating Procedures and Regulations (the "Regulations") and the Minimum Standards for Fixed Base Operators and Airport Tenants (the "Standards"), as they now exist or may be amended during the term of this Agreement, and any conflict between the Sublease or the Lease and these procedures, regulations and standards will be resolved in favor of the procedures, regulations and standards. Section S. Payments by Vent Airlines, Incorporated to the City. Vent Airlines, Incorporated agrees to pay to the City a franchise fee in the form of a monthly amount equal to one percent (1%) of Vent Airlines, Incorporated's gross income from all commercial activity at the Airport, excluding sales or services to federal, state or local governments or other tax exempt organizations or agencies. Vent Airlines, Incorporated shall provide access to the City, upon reasonable notice, to all business records necessary to verify the amount of fees and/or percentage rental due under this Lease. Payment is to be made within 10 days of the last day of the previous month and shall be based on Vent Airlines, Incorporated's income during the previous month. If Vent Airlines, Incorporated fails to pay any sum payable to the City under the terms of this Agreement when due, then interest at the maximum legal rate in the State of Texas shall accrue from the date on which the sum became due and payable. 1. Tie Down Fee. In addition to any other fees or charges payable under this Agreement, Vent Airlines Incorporated agrees that it shall pay a tie down fee of $100.00 per month for as-needed access to aircraft parking ramp. Section 9. Term. The term of this Agreement commences on the Effective Date and will terminate one year from the Effective date. The term of this Agreement, however, may be extended for up to two one year periods upon mutual agreement of the parties. Section 10. Use of Premises. The use of the Facility by Vent Airlines, Incorporated shall be restricted to aviation purposes, unless otherwise approved in writing by Caroline Aviation, L.L.C. and the City. Specifically, the Facility shall be used and occupied for the following business activity: on-demand cargo services with the space used primarily for storage of equipment, a maintenance and flight operations office, and occasional storage of one aircraft and aircraft maintenance and inspection. Vent Airlines, Incorporated shall not use the Facility for any other purpose without the advance written consent of Caroline Aviation, L.L.C. and the City. Vent Airlines, Incorporated shall use the Facility in good faith continuously for this purpose throughout the term of this Agreement. Vent Airlines, Incorporated shall not leave the Facility vacant at any time, and shall keep the Facility open to the public for business during normal business hours. In addition to any other requirements herein, Vent Airlines, Incorporated shall comply with all requirements of the City of San Marcos Chief Building Official and the San Marcos City Code. 2