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Res 2002-106
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Res 2002-106
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Last modified
6/26/2006 2:29:08 PM
Creation date
6/26/2006 2:28:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2002-106
Date
6/10/2002
Volume Book
148
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<br />3. Lessee shall pay rent for said premises during the continuance of this lease at the rate of One <br />Dollar ($1.00) per year. The first such payment shall be due on the date of execution of this .-\greement of <br />Lease by Lessee and subsequent payments shall be made in aJ\ance at yearly intervals. <br /> <br />4. Lessee shall have the right to install and maintain air navigation and telecommunications <br />facilities on said demised premises. Lessee shall have the right of grading. conditioning and installing <br />drainage facilities and seeding the soil of said premises and the right to remove all obstructions from the <br />premises \vhich may constitute a hindrance to the establishment and maintenance of air na\igation and <br />telecommunications facilities: provided, however. that only that vegetation reasonably necessary to be <br />removed shall be removed to accomplish said installation and maintenance. <br /> <br />5. Lessee shall have a right-of-way for ingress to and egress from the premises; a right-of-way or <br />rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and <br />telecommunications facilities to the premises; and right-of-way for subsurface power, communication and <br />water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor. <br />and unless herein described by metes and bounds. to be by routes reasonably determined to be the most <br />convenient to Lessee. <br /> <br />6. Lessor warrants that there is access to and from said premises to Hays County Road 383. Any <br />residual rights which Lessor has to what is identified as a private road. located adjacent to and ~orthwest <br />of said property, and shown on that "Survey of a 14,400 Square Foot Parcel For All Outer Marker Site For <br />the San ~farcos Airport, Hays County, Texas," certified by Charles R. Swart on September 3, 1982, a <br />copy of which survey is attached hereto as Exhibit A, said rights granted to Lessor by First Investors <br />Leasing Corporation, by deed dated on the 8th day of March. 1974, and recorded in the deed records of <br />said county in Volume 266, Pages 138-145, to which reference is hereby made, are hereby granted to <br />Lessee, said residual rights being any which may remain in Lessor after that meeting of the <br />Commissioners Court of Hays County on October 23, 1978, at which time Theodore William Breihan <br />offered for public use the roads of Valley View West, an unrecorded subdivision in Hays County. Texas. <br />and said Court accepted said roads for public use and approved them for maintenance as sho\\TI in <br />Volume L, Page 470 of the Minutes of the Hays County Commissioners Court, said private road <br />hereinbefore identified being located in said unrecorded subdivision. <br /> <br />7. Lessee shall have the right to make alterations, anach fixtures and erect additions, structures or <br />signs in or upon the premises hereby leased, which alterations. fixtures, additions, structures or signs so <br />placed in or upon, or anached to the said premises shall be and remain the property of Lessee. and may be <br />removed upon the date of expiration or termination of this lease, or v..ithin ninety (90) days thereafter, by <br />or on behalf of Lessee. or its grantees, or purchasers of said alterations, fixtures, additions. structures or <br />SIgns. <br /> <br />8. Subject to the right of Lessee granted in the preceding paragraph, this lease shall terminate <br />ninety (90) days from the date said premises cease to be used for air navigation and telecommunications <br />facilities. <br /> <br />9. It is understood by both parties that Lessee intends to sublease said premises to the United <br />States of America by Sublease No. DTF A07-03-L-00480 for the installation and maintenance of air <br />navigation and telecommunications facilities. Lessor, by execution of this Agreement of Lease, agrees that <br />
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