Res 1998-173 - Laserfiche WebLink

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69 VOL. 200PhCE 703 LEASE OF UNIMPROVED AIRPORT PROPERTY FOR 985246 CONSTRUCTION OF BUSINESS FACILITIES 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 Randy Kerner, b/d/a Kerner Aircraft Services ("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 Lessee 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 two tracts 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 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 its intended purposes; 3) the Lessee has inspected and performed all tests and investigations of the Leased Premises that the Lessee considers necessary to satisfy itself as to the suitability of the Leased Premises for its intended purposes; and 4) the Lessee is accepting the Leased Premises in their 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 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. 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 15.11.