Res 2004-216 - Laserfiche WebLink

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I I I 103. LEASE OF UNIMPROVED AIRPORT PROPERTY FOR CONSTRUCTION OF HANGAR THE STATE OF TEXAS COUNTIES OF HAYS AND CALDWELL This lease agreement ("Lease") is made between the City of San Marcos, Texas, a municipal corporation (the "Lessor") and Dr. Edward Tomaneng (the "Lessee"). The Lessor is the owner of the San Marcos Municipal Airport ("Airport"), situated in Caldwell County, Texas, by virtue of deeds from the United States of America. This Lease is subject to approval by the Federal Aviation Administration. Article 1. Lease of Premises; Acceptance of Existing Conditions; Compliance with Regulations 1.01. In consideration of the obligation of the Lessees to pay rent and in consideration of the other terms, covenants and conditions of this Lease, the Lessor leases to the Lessee, and the Lessee leases from the Lessor the 3,900 square foot tract of real property (the "Leased Premises") in Caldwell County, Texas, described in Exhibit "A" attached to and made a part of this Lease for all purposes. 1.02. The Lessee acknowledges that 1) the Lessor makes no representations or warranty regarding the suitability of the Leased Premises for the Lessee's intended purposes, or the presence of environmental, geologic, or any other site conditions that may affect the Lessee's use of the Leased Premises; 2) the Lessee accepts full responsibility for determining the suitability of the Leased Premises for his intended purposes; 3) the Lessee has inspected and performed all tests and investigations of the Leased Premises that the Lessee considers necessary to satisfy himself as to the suitability of the Leased Premises for his intended purposes; and 4) the Lessee is accepting the Leased Premises in its present condition, and the Lessee agrees to perform all preparation, repairs, remediation and other activities necessary to use the Leased Premises for the Lessee's intended purposes. 1.03. The Lessee agrees to comply with the San Marcos Municipal Airport Standard Operatinq Procedures and Requlations 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. Article 2. RentlTerm 2.01. Rental shall accrue from the commencement date of this Lease, and shall be payable at the place designated for the delivery of notices to the Lessor in paragraph 14.11. 2.02. The Lessee agrees to pay to the Lessor a fixed rental in the sum of $.20 per square foot per year for the entire area of the Leased Premises. The annual amount for the fixed rental shall be paid in equal monthly installments in the amount of $ 65.00, which shall be due and payable on the last day of each month for the succeeding month. The Lessee, at his option, may make advance payments of up to one year's rentals, but there will be no discount for these payments.