Res 2011-054 - Laserfiche WebLink

Home Browse Search

City of San Marcos Airport interference with LESSEE's primary operations on the LEASED PREMISES ( "Limitation ") for a period of less than seven (7) calendar days, this LEASE shall continue in full force and effect. If the Limitation lasts more than seven (7) calendar days, LESSEE and LESSOR shall negotiate in good faith to resolve or mitigate the effect of the Limitation. If LESSEE and LESSOR are in good faith unable to resolve or mitigate the effect of the Limitation, and the Limitation lasts between seven (7) and one hundred eighty (180) days, then for such period (i) LESSEE may suspend the payment of any rent due hereunder, but only if LESSEE first provides adequate proof to LESSOR that the Limitation has directly caused LESSEE a material loss in revenue; (ii) subject to ordinary wear and tear, LESSOR shall maintain and preserve the LEASED PREMISES and its improvements in the same condition as they existed on the date such Limitation commenced; and (iii) the term of this Lease shall be extended, at LESSEE's option, for a period equal to the duration of such Limitation. If the Limitation lasts more than one hundred eighty (180) days, then (i) LESSOR and LESSEE may, but shall not be required to, (a) further adjust the payment of rent and other fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the term of this LEASE, or (ii) LESSEE may terminate this LEASE upon thirty (30) days' written notice to LESSOR. 14.02 It is specifically understood and agreed that this LEASE does not grant or authorize an exclusive right for conducting any aeronautical activity which is unlawfully discriminatory. The LESSEE specifically agrees not to discriminate in its use of the LEASED PREMISES in any manner prohibited by Federal Aviation Administration Regulations. The LESSEE further agrees to comply with any nondiscrimination enforcement procedures required by the Federal government. 14.03 The LESSOR reserves the right to take any action it considers necessary to protect the aerial approaches of the AIRPORT against obstructions; and to limit the LESSEE from erecting any building or structure on the AIRPORT or on the LEASED PREMISES that would limit the usefulness of the AIRPORT or constitute a hazard to aircraft. 14.04 The LESSOR reserves the right to further develop the AIRPORT as it sees fit regardless of the desires of the LESSEE, and without any hindrance or interference from the LESSEE. The LESSOR expressly reserves the right to grant leases and privileges to other persons with respect to the AIRPORT, even though the purposes for which these leases are given are the same and duplicate those contained in this LEASE. If the development of the AIRPORT requires the relocation of the LESSEE's FACILITIES, the LESSOR agrees to provide a location comparable to that provided to other private LESSEE's at the time of the relocation, and to relocate the FACILITIES at no cost to the LESSEE. 14.05 This LEASE shall be subject to and in conformance with all City, State and Federal ordinances, statutes and regulations. Commercial Land Lease Page 13 of 18