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Res 1997-107
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Res 1997-107
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6/11/2007 3:57:06 PM
Creation date
6/11/2007 3:57:06 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-107
Date
6/23/1997
Volume Book
129
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<br /> 7{; .:c <br /> prohibited by Federal Aviation Administration Regulations. Lessee further agrees to comply <br /> with such enforcement procedures as might be required by the United States of America. <br />16.3 Lessor reserves the right to take any action it considers necessary to protect the aerial <br /> approaches of the Airport against obstructions; and to limit the Lessee from erecting or <br /> permitting to be erected any building or structure on the Airport and on the Leased Premises <br /> that would limit the usefulness of the Airport or that would constitute a hazard to aircraft. <br />16.4 Lessor reserves the right to further develop the Airport as it sees fit regardless of the desires <br /> of Lessee, and without any hindrance or interference from Lessee. Lessor expressly <br /> reserves the right to grant leases and privileges to other individuals with respect to the <br /> Airport facility, even though the purposes for which these leases are given are the same and <br /> duplicates those contained in this Lease. If the development of the Airport requires the <br /> relocation of Lessee-owned facilities, Lessor agrees to provide a location comparable to that <br /> provided to other private lessees at the time of the relocation without any unreasonable <br /> interruption to the Lessee's activities, and agrees to relocate all Lessee-owned buildings, or <br /> provide similar facilities for Lessee at no cost to the Lessee, except that Lessor shall not be <br /> required to pay more than the wholesale cost of foundation materials. <br />16.5 This Lease shall be subordinate to provisions of any existing or future agreement entered <br /> into by and between Lessor and the Federal and State government for the improvement, <br /> operation and maintenance of the Airport; provided that if any agreement restricts the <br /> operation of the demised premises, appropriate rental reductions shall be negotiated. In the <br /> event that appropriate rental reductions cannot be negotiated, then this Lease shall terminate <br /> and the parties hereto shall have no further obligations. . <br />16.6 Lessee's enjoyment of this Lease upon and about the Airport facility and upon the Leased <br /> Premises shall be subject to and in conformance with all State and Federal statutes and <br /> regulations, and Chapter 31 of the San Marcos City Code. <br />16.7 Lessee, for itself, its successors in interest, and assigns, as part of the consideration hereof, <br /> does covenant and agree as a covenant running with the land that: (1) no person on the <br /> grounds of race, color, or national origin shall be excluded from participation in, denied the <br /> benefits of, or be otherwise subjected to discrimination in the use of the facilities, (2) that in <br /> the construction of any improvements on, over, or under the land and the furnishing of <br /> services thereon, no person on the grounds of race, color, or national origin shall be <br /> excluded from participation in, denied the benefits of, or otherwise be subjected to <br /> discrimination, and (3) that Lessee shall use the premises in compliance with all other <br /> requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally <br /> Assisted Programs of the Department of Transportation, and as said regulations may be <br /> amended. <br />16.8 That in the event of breach of any of the preceding nondiscrimination covenants, .Lessor shall <br /> have the right to terminate the Lease, and to reenter and repossess said land and the <br /> facilities, and hold the same as if the Lease had never been ma.de or issued. <br />16.9 During the time of war or national emergency, Lessor shall have the right to lease the landing <br /> area or any part thereof to the United States government for military or naval use, and, if a <br /> lease is executed, the provisions of this instrument insofar as they are inconsistant with the <br /> provisions of the lease to the Government, shall be suspended. <br /> 10 <br />
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