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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 Airport <br />damage which may result to the LESSEE by reason of the repairs, and the <br />LESSEE shall pay to the LESSOR the full cost of the repairs within Thirty (30) <br />days of the LESSOR's issuance of a written invoice to the LESSEE. At the <br />expiration of this LEASE, the LESSEE shall surrender the LEASED PREMISES <br />in good condition, reasonable wear and tear excepted. <br />4.02. The LESSOR will use AIRPORT revenue funds to maintain the existing runways, <br />taxiways, and entrance roads on the AIRPORT. The LESSOR shall not be <br />obligated to use general, operating or bond funds for this maintenance. <br />ARTICLE 5. CONSTRUCTION OF FACILITIES: ALTERATIONS AND FIXTURES <br />5.01. The LESSEE shall construct the aviation business facilities ( "FACILITIES "), as <br />depicted and described in the attached Exhibit "D ", on the LEASED PREMISES. <br />The construction shall be in accordance with sealed plans for the complete project <br />prepared by an architect or structural engineer licensed or registered in the State <br />of Texas. The plans must be accompanied by the architect or engineer's <br />estimated cost of the construction and the time schedule for completion of the <br />construction. The plans and the time schedule shall be subject to approval by the <br />City. <br />5.02. The LESSEE shall substantially begin the construction of the FACILITIES within <br />ninety (90) days of the execution of this Lease. LESSEE shall diligently and <br />continuously pursue the construction to completion, and shall fully complete the <br />FACILITIES on or before November 1, 2011 or within nine (9) months of the <br />date of issuance of a building permit for the FACILITIES to be constructed on <br />Tract 1. Any delay or lack of progress in the construction will constitute a default <br />by the LESSEE, and will authorize the LESSOR to pursue all remedies available <br />to it as described in Article 11 of this LEASE, following the notice and cure <br />period prescribed by paragraph 11.01(B) below. <br />5.03. The FACILITIES constructed on the LEASED PREMISES will constitute a <br />minimum investment of $2,500,000 in capital improvements. <br />5.04. The LESSEE shall not make any further alterations, additions, or improvements <br />to the LEASED PREMISES without the prior written consent of LESSOR. All <br />buildings, structures, improvements, alterations, additions and fixtures which may <br />be made or installed upon the LEASED PREMISES shall become the property of <br />the LESSOR upon the expiration of the term of this Lease unless the LESSOR <br />requests their removal, in which event the LESSEE shall remove them and restore <br />the LEASED PREMISES at the LESSEE's expense. <br />5.05. The LESSEE shall ensure that no lien or similar obligation is imposed upon the <br />LEASED PREMISES for any alteration, repair, labor performed or materials <br />furnished to the LEASED PREMISES, and the LESSEE shall immediately <br />Commercial Land Lease Page 5 of 18 <br />
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