Res 1975-044 - Laserfiche WebLink

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vfo. I I I . . maintenance of the San Marcos Municipal Airport and improvements thereof; PROVIDED, HOWEVER, that this requirement shall not be considered mandatory upon the Lessor unless it is so required by existing indenture or agreement with Federal Government or any amended or substitute indentures and agreements hereinafter entered into with the Federal Government. Covenant of Title, Authority and Quiet Possession. Lessor represents and warrants that Lessor has full right and lawful authority,to enter into and perform the Lessor's obligations under this lease for the full term as stated above, and all exten- sions here provided, and has title to the demised premises as shown by the Indenture between the United States Government and the City of San Marcos, which has been made a part hereof by reference. Lessor further covenants that if Lessee shall discharge the obli- gations herein set forth to be performed by Lessee, Lessee shall have and enjoy, during the term hereof, quiet and undisturbed possessions of the demised premises and all appurtenances apper- taining thereto, together with the right to use the runways and taxi-ways of the airport facility as contemplated herein; provided, however, that this lease is subject to the prior approval of the Federal Aviation Administrator, and the rights of the United States of America to have exclusive or non-exclusive use, control and pos- session without charge, of the airport or any portion thereof during periods of National Emergency; and further subject to the right of the Federal Aviation Administration and United States Government to take a portion of the airport premises for air traffic control activities, weather reparting activities, or communication activities related to air traffic control, all as provided in said Indenture. i1. Construction of Improvements. All improvements and alterations made by Lessee on the premises are subject to reasonable approval by Lessor in writing prior to construction to determine that such construction is in accordance with the variaus building ordinances, electrical codes and the uses and purposes contemplated by this lease agreement, and that the same will not constitute a fire or safety hazard or inter- ference in the use of the remainder of the San Marcos Municipal Airport by the general aviation public; PROVIDED, HOWEVER, that such consent shall not be unreasonably withheld by Lessor. No mechanic's and materialman's lien shall be fixed against any of the demised premises. l{. Ii Insurance. Lessee shall maintain at its own cost and expense public liability insurance on an occurrence basis with minimum limits of liability in an amount of $100,000 for bodily injury, personal injury or death to anyone person; up to $300,000 for each occurrence, and $200,000 for damage to property; and such insurance policy shall contain the endorsement that such insurance may not be cancelled or amended with respect to Lessor without ten days written notice by registered mail to Lessor by the insurance company; and that Lessor shall not be required to pay any premiums for insurance. Any insurance policy herein required or procured by Lessee shall contain an express waiver of any rights of subrogation by the insurance company against the Lessor. The original policy of all such insurance shall be delivered by Lessee to Lessor within ten (10) days of the inception of such policy by the insurance company. The minimum limits of any insurance coverage required herein shall not limit Lessee's liability under the following paragraph. -4-