Res 2011-093 - Laserfiche WebLink

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1.01.1 Common Area. Restroom facilities on the Leased Premises are designated as a common area and are leased to the Tenant on a non - exclusive basis for joint use by the Tenant, the City of San Marcos Fire Department personnel, and San Marcos Airport personnel. 1.02. TENANT covenants that he has examined the leasehold premises prior to the execution of this lease and is satisfied with the physical condition of the premises. TENANT accepts the PREMISES in its present condition "AS IS" and "WITH ALL FAULTS ", the PREMISES being currently suitable for the permitted use. Tenant agrees to perform all preparation, repairs, remediation and other activities necessary to use the Leased Premises for the Tenant's intended purposes other than the repairs Landlord agrees to perform which are specified in Appendix B herein. 1.02.1 DISCLAIMER OF WARRANTIES AND ACCEPTANCE OF PREMISES "AS IS" TENANT ACKNOWLEDGES THAT OWNER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PREMISES, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PREMISES. TENANT EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITED BY LAW, THE PREMISES IS LEASED "AS IS" AND "WITH ALL FAULTS ", AND OWNER EXPRESSLY DISCLAIMS, AND TENANT ACKNOWLEDGES AND ACCEPTS THAT OWNER HAS DISCLAIMED, ANY AND ALL REPRESENTRATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED CONCERNING THE PADSITE, INCLUDING WITHOUT LIMITATION: (i) THE CONDITION, HABITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PREMISES; (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PREMISES; AND (III) THE MANNER OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH PREMISES. BY TENANT'S ACCEPTANCE OF THIS LEASE, TENANT REPRESENTS THAT TENANT HAS MADE: (i) ALL INSPECTIONS OF THE PREMISES TO DETERMINE ITS CONDITION DEEMED NECESSARY OR APPRPOPRIATE BY TENANT, INCLUDING, WITHOUT LIMITATION, INSPECTIONS FOR THE PRESENCE OF ASBESTOS, PESTICIDE RESIDUES, HAZARDOUS WASTE AND OTHER HAZARDOUS MATERIALS. 1.03. The Tenant agrees to comply with the San Marcos Municipal Airport Standard Operating Procedures and Regulations and the Minimum Standards for Fixed Base Operators and Airport Tenants as they now exist or may be amended during the term of this Lease, and any conflict between this Lease and these procedures, regulations and standards will be resolved in favor of the procedures, regulations and standards. 7 Tenant: andlord: