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Res 1996-201
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Last modified
6/18/2007 9:16:25 AM
Creation date
6/18/2007 9:16:25 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1996-201
Date
11/25/1996
Volume Book
126
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<br /> loÇ /!.., <br /> enter into and perform the Lessor's obligatiGns under this Lease for the full term as <br /> stated above, and all extensions provided, and has title to the Leased Premises as <br /> shown by the Indenture between the Unitèd States Government and Lessor which <br /> has been made a part of this Lease by reference. Lessor further covenants that <br /> upon payment of the rent, Lessee shall have and enjoy, during the term of this <br /> Lease, quiet and undisturbed possession and all appurtenances appertaining, <br /> together with the right to use the runways and taxi-ways of the Airport facility as <br /> contemplated provided, however, that this Lease is subject to the prior approval of <br /> the Federal Aviation Administration, and the rights of the United States of America <br /> to have exclusive or non-exclusive use, control and possession without charge, of <br /> the Airport or any portion thereof during periods of national emergency; and further <br /> subject to the right of the Federal Aviation Administration and United States <br /> Government to take a portion of the Airport premises for air traffic control activities, <br /> weather reporting activities, or communication activities related to air traffic control, <br /> all as provided in the Indenture. <br /> 17.6 Nothing contained shall be deemed or construed by the parties hereto, nor by any <br /> third party, as creating the relationship of principal and agent or of partnership or <br /> of joint venture between the parties, it being understood and agreed that neither the <br /> method of computation of rent, nor any other provision contained herein, not any <br /> acts of the parties, shall be deemed to create any relationship between the parties <br /> other than the relationship of Lessor and Lessee. . <br /> 17.7 Lessee warrants that it has had no dealings with any broker or agent in connection <br /> with the negotiation or execution of this Lease and Lessee agrees to indemnify and <br /> hold Lessor harmless from and against any and all costs, expense or liability for <br /> commissions or other compensations and charges claimed by any other broker or <br /> agent with respect to this Lease. <br /> - ~ 17.8 Should Lessee fail to pay when due any rent or any other sum payable to Lessor <br /> under the terms of this Lease, then interest ~t the maximum legal rate then payable <br /> by Lessee in the State of Texas shall accrue from and after the date on which any <br /> interest shall be due and payable, and interest shall be paid by Lessee to Lessor <br /> at the time of payment of the sum upon which the interest shall have accrued. <br /> 17.9 The term "Lessor" means the owner of the Leased Premises. It is specifically <br /> understood and agreed that Lessor shall have no personal liability with respect to <br /> any of the covenants, conditions or provisions of this Lease. In the event of a <br /> breach or default by Lessor of any of its obligations under this Lease, Lessee shall <br /> look solely to the equity of Lessor in the Leased Premises for the satisfaction of <br /> Lessee's remedies, and Lessee shall have no right to seek, obtain or enforce a <br /> claim or judgment against Lessor for any deficiency remaining, following exhaustion <br /> of Lessor's equity in the Leased Premises. <br /> ARTICLE XVIII <br /> Notices <br /> 18.1 Wherever any notice is required or permitted, the notice shall be in writing. Any <br /> notice or document required or permitted to be delivered, whether actually received <br /> or not, shall be deemed delivered when deposited in the United States mail, <br /> postage prepaid, certified mail, return receipt requested, addressed to the parties <br /> at the respective addresses set out below their names, or at other addresses as <br /> -..- they have specified by written notice delivered in accordance with this Lease. <br /> Lessor Lessee <br /> CITY OF SAN MARCOS North American Top Gun, Inc. <br /> 630 East Hopkins Street Mr. Bruce Moore <br /> San Marcos, Texas 78666 4900 U.S. 1 North <br /> St. Augustine, Florida 32095 <br />
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