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Res 2016-135/approving a five year Airport Facility Lease Agreement with Ann K. and William H. McIntosh for the hangar located at 1741 Airport Drive
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Res 2016-135/approving a five year Airport Facility Lease Agreement with Ann K. and William H. McIntosh for the hangar located at 1741 Airport Drive
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7/3/2017 9:24:17 AM
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10/17/2016 9:02:29 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-135
Date
10/3/2016
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days, Lessee and Lessor shall negotiate in good faith to resolve or mitigate (lie effect of the <br />Limitation. If Lessee and Lessor are in good faith unable to resolve or mitigate the effect of the <br />Li►nitation, and the Limitation lasts behveen seven (7) and one hundred eighty (180) days, then for <br />such period (i) Lessee may suspend the payment of any rent due hereunder, but only if Lessee first <br />provides adequate proof to Lessor that the Limitation has directly caused Lessee a material loss in <br />revenue; (ii) subject to ordinary weir and tear, Lessor shall maintain and preserve the Leased <br />Premises and its improvements in the same condition as they existed on the date such Limitation <br />conmlenced; and (iii) the term of this Lease shall be extended, at Lessee's option, for a period equal <br />to the duration of such Limitation. If the Limitation lasts more than one hundred eighty (180) days, <br />then (i) Lessor and Lessee may, but shall not be required to, (a) further adjust the payment of rent <br />and other fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the term of <br />this Lease, or (ii) Lessee inay terminate this Lease upon thirty (30) days' written notice to Lessor. <br />14.02 It is specifically understood and agreed that this Lease does not grant or authorize an exclusive <br />right for conducting any aeronautical activity which is unlawfully discriminatory. The Lessee <br />specifically agrees not to discriminate in its use of the Leased Premises in any manner prohibited <br />by Federal Aviation Administration Regulations. The Lessee further agrees to comply with any <br />nondise►irni►ration enforcement procedures required by the Federal government. <br />14.03 The Lessor reserves the right to take any action it considers necessary to protect the aerial <br />approaches of the Airport against obstn►etions; and to limit the Lessee from erecting any building <br />or structure on the Airport or on the Leased Premises that would limit (lie usefulness of the Airport <br />or constitute a hazard to aircraft. <br />14.04 The Lessor reserves the right to further develop the Airport as it sees fit regardless of the desires of <br />the Lessee, and without any hindrance or interference from the Lessee. The Lessor expressly <br />reserves the right to grant leases and privileges to other persons with respect to the Airport, even <br />though the purposes for which these leases are given are the same and duplicate those contained in <br />this Lease. <br />14.05 This Lease shall be subject to and in conformance with all City, State and Federal ordinances, <br />statutes and regulations. <br />14.06 Lessee, for itself, its personal representative, successors in interest and assigns, as part of the <br />consideration herein, agrees that no person shall be excluded from participation in or denied the <br />benefits of Lessee's use of Airport on the basis of race, color, national origin, religion, handicap, <br />or gender. Lessee further agrees for itself, its personal representatives, successors in interest and <br />assigns that no person shall be excluded from the provision of any service on or in the construction <br />of any improvements or alterations to the Premises on grounds of race, color, national origin, <br />religion, handicap, or gender. hi addition, Lessee covenants and agrees that it will at all (irnes <br />comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal <br />Regulations, Part 121, Non -Discrimination in Federally Assisted Programs of the Department of <br />Transportation and with any amendments to this regulation which may hereafter be enacted. <br />Page 14 of 18 <br />
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