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Res 1979-060
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Res 1979-060
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Last modified
8/18/2008 10:09:41 AM
Creation date
8/18/2008 10:09:41 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1979-60
Date
9/10/1979
Volume Book
51
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<br />I <br /> <br />I <br /> <br />I <br /> <br />10. <br /> <br />Construction of Improvements. <br /> <br />All improvements and alterations made 0Y Lessee on the <br />premises are subject to reasonable approval by Lessor in <br />writing prior to construction to determine that such <br />construction is in accordance with the various building <br />ordinances, electrical codes and the uses and purposes <br />contemplated by this lease agreement, and that the same <br />will not constitute a fire or safety hazard or interference <br />in the use of the remainder of th€ San Marcos Municipal <br />Airport by the general aviation public; provided, however, <br />that such consent shall n~t be unreasonably withheld by <br />Lessor. No mechanic's and materialman's lien shall be <br />fixed against any of the demised premises. <br /> <br />11. <br /> <br />Insurance. <br /> <br />Lessee shall maintain at its own cost and expense public <br />liability insurance on an occurrence basis with minimum <br />limits of liability in 'an amount of $lDO,OOO for bodily <br />injury, personal injury or death to anyone person; up <br />to $300,ODO for each occurrence, and $200,000 for damage <br />to property; and such insurance policy shall contain the <br />endorsement that such insurance may not be cancelled or <br />amended with respect to Lessee without ten (10) days <br />written notice by registered mail to Lessor by the insurance <br />company; and that Lessor shall not be required to pay any <br />premiums for insurance. Any insurance policy herein required <br />or procured by Lessee shall contain an express waiver of <br />any rights of subrogation by the insurance company against <br />the Lessor. The original policy of all such insurance shall <br />be delivered by Lessee to Lessor within ten (10) days of <br />the inception of such policy by the insurance company. The <br />minimum limits of any insurance coverage required herein shall <br />not limit Lessee's liability under the following paragraph. <br /> <br />12. Indemnity. <br /> <br />A. Lessee shall indemnify Lessor and save it harmless from <br />suits, actions, damages, liability and expense in connection <br />with the loss of life, bonily or personal injury or property <br />damage arising from or out of any occurrence in or upon <br />the demised premises or from the occupancy or the use by <br />Lessee of said premises or any part thereof, or occasioned <br />wholly or in part by any act or omission of Lessee, its <br />agents, contractors, employees, servants, invitees, licensees <br />Or concessionaires, in their use of the demised premises, <br />the runways and.taxi~ways and any other area within the <br />San Marcos Municipal Airport; and <br /> <br />B. Lessee shall store its property in, and shall occupy the <br />demised premises and all other portions of the San Marcos <br />Municipal Airport at its own risk, and releases Lessor, to <br />the full extent permitted by law, from all claims of every <br />kind resulting in loss of life, personal or bodily injury <br />or property damage; and <br /> <br />C. Lessor shall not be responsible or liable at any time for <br />any loss or damage of lessee's fixtures, machinery, air- <br />plane or other personal property of Lessee; and <br /> <br />D. Lessor shall not be responsible or liable to Lessee or to <br />those claiming by, through, or under Lessee for any loss <br />or damage to either the person or property of Lessee that <br />may be occasioned by or through the acts or omissions of <br />persons occupying adjacent, connecting, or adjoining premises; <br />and <br />
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