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Res 2011-054
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Res 2011-054
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Last modified
11/18/2011 12:02:08 PM
Creation date
5/11/2011 2:07:14 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-054
Date
5/3/2011
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City of San Marcos <br />Airport <br />15.08. This LEASE shall not be construed as creating the relationship of principal and <br />agent or of partnership or of joint venture between the parties. The only <br />relationship between the parties is only that of LESSOR and LESSEE's. <br />15.09. The LESSEE warrants that it has had no dealings with any broker or agent in <br />connection with the negotiation or execution of this LEASE and the LESSEE <br />agrees to indemnify and hold the LESSOR harmless from and against any and all <br />costs, expense or liability for commissions or other compensation and charges <br />claimed by any other broker or agent with respect to this LEASE. <br />15.10. The parties agree that the laws of the State of Texas shall govern this LEASE and <br />that exclusive venue for enforcement of this LEASE shall lie in Hays County, <br />Texas. <br />15.11. Wherever any notice is required or permitted under this LEASE, the notice shall <br />be in writing and sent by certified mail, return receipt requested, addressed to the <br />respective party at the following addresses. The LESSEE shall provide the <br />LESSOR with advance written notice of any change in its address. <br />LESSOR: LESSEE: <br />CITY OF SAN MARCOS REDBIRD FLIGHT SIMULATIONS, INC. <br />630 East Hopkins Street 8313 West Highway 71, Suite 300 <br />San Marcos, Texas 78666 Austin, Texas 78735 <br />ARTICLE 16. RIGHT OF FIRST REFUSAL TO LEASE ADDITIONAL AREA <br />16.01 LESSOR hereby grants LESSEE a first right of refusal to lease the premises <br />depicted and described in Exhibit "E" (the "First Refusal Property ") if those <br />premises become available during the term of this Lease. LESSEE's lease of the <br />First Refusal Property shall be on the same terms and conditions set forth in this <br />lease but the fixed rental shall be set in accordance with the then current rental <br />rate for city -owned airport improvements. LESSEE's first right of refusal shall <br />terminate in the event LESSEE fails to execute a Lease of the First Refusal <br />Property with LESSOR within thirty (30) days of notification by LESSOR that <br />the premises are available for lease. LESSEE's right of first refusal expires on <br />May 2, 2016. LESSEE may not assign its first right of refusal to an assignee or <br />sub - lessee. <br />ARTICLE 17. AIRPORT MANAGER <br />17.01 All parties agree that City may choose to exercise any of its powers under this <br />Lease through its duly- appointed Airport Manager. The currently- appointed <br />Commercial Land Lease Page 16 of 18 <br />
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