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Res 2017-039/approving a five-year airport facility lease agreement with Civil Air Patrol for the building located at 1915 Airport Drive
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Res 2017-039/approving a five-year airport facility lease agreement with Civil Air Patrol for the building located at 1915 Airport Drive
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4/10/2017 11:39:00 AM
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3/31/2017 12:34:28 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-39
Date
3/7/2017
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DocuSign Envelope ID: 35EE2E27-4F45-474D-B557-0B0A649C19A6 <br />10.02. If the Premises are totally destroyed by fire, tornado, or other casualty not the fault (in whole or in <br />part) of Lessee or any person in or about the Premises with the express or implied consent of <br />Lessee, or if not totally destroyed, if it should be so damaged by such a cause that rebuilding or <br />of insurance proceeds in connection with the casualty, this Lease shall terminate, and rent shall be <br />abated for the unexpired portion of this Agreement, effective as of the date of written notification. <br /> <br />10.03. If the Premises are damaged by fire, tornado, or other casualty not the fault of Lessee or any <br />person in or about the Premises with the express or implied consent of Lessee, but not to such an <br />extent that rebuilding or repairs cannot reasonably be completed within 180 days after the date of <br />not <br />terminate except as provided in subsection below: <br /> <br />a. If such damage to the Premises occurs during the Term hereof, Lessor may, at its sole cost <br />and in its sole discretion, proceed to rebuild or repair the Premises to substantially the <br />condition in which they existed upon commencement of this Lease. Lessee shall, at its sole <br />cost and risk, be responsible for rebuilding or repairing any damaged improvements made by <br />Lessee. If the Premises are untenantable in whole or in part following such damage, the rent <br />payable during the period in which they are untenantable shall be adjusted equitably. In the <br />event that Lessor should elect not to so rebuild or repair the Premises or fails to complete <br />such rebuilding or repairs within 180 working days after the date of L <br />insurance proceeds in connection with the casualty, Lessor or Lessee may terminate this <br />Lease by written notification. Upon such notification, all rights and obligations under this <br />Lease shall cease. <br /> <br />10.04. If the destruction (in whole or in part) of the Premises is the result of or caused by (in whole or in <br />part) any act or omission of Lessee, or any person in or about the Premises with the express or <br /> agents, <br />invitees, and contractors), Lessor may elect (at its sole option and in its sole discretion) to rebuild <br />the Premises and the building or structure of which the Premises may be a part. If Lessor so elects <br />to rebuild, Lessee shall pay Lessor the difference between the actual cost of rebuilding and any <br />under this paragraph shall survive the termination of this Lease. <br /> <br /> <br />ARTICLE 11: ASSIGNMENT AND SUBLETTING <br /> <br />11.01. The Lessee shall not assign or sublet all or part of its interest in this Lease without the advance <br />written consent of the Lessor. Consent by the Lessor to one (1) or more assignments or <br />sublettings shall not operate as a waiver of the Lessorts as to any subsequent assignments <br />or sublettings. Notwithstanding subletting, the Lessee shall remain fully responsible and liable <br />for the payment of the rent and for compliance with all of its other obligations under this Lease. <br /> <br />916 <br />Page of <br /> <br /> <br />
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