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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 /> <br />f. NEITHER LESSOR NOR AIRPORT MANAGER GUARANTEES POLICE <br />PROTECTION OR SECURITY TO LESSEE OR ITS PROPERTY, AND LESSOR <br />AND AIRPORT MANAGER SHALL NOT BE RESPONSIBLE FOR INJURY TO <br /> HARM TO ANY <br />PROPERTY WHICH BELONGS TO LESSEE, ITS OFFICERS, OWNERS, <br />SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, <br />INVITEES OR PATRONS, OR WHICH MAY BE STOLEN, DESTROYED OR IN <br />ANY WAY DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS <br />HARMLESS LESSOR AND AIRPORT MANAGER, THEIR OFFICERS, OWNERS, <br />AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL <br />SUCH CLAIMS. <br /> <br /> <br />ARTICLE 9: CONDEMNATION <br /> <br />9.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall <br />terminate as of the date the title vests in the proceeding. <br /> <br />9.02. Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br />renders the remaining portion unsuitable for the business of the Lessee, then this Lease shall <br />terminate. If the partial taking is not extensive enough to render the premises unsuitable for the <br />business of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental <br />shall be reduced and adjusted in an appropriate manner. <br /> <br />9.03. If this Lease is terminated as provided in this section, rent shall be paid up to the date that <br />possession is taken by the condemning authority, and the Lessor shall make an equitable refund <br />of any rent paid by the Lessee in advance. <br /> <br />9.04. Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain separate <br />awards, or portions of lump sum awards, as are allocated to their respective interests in the <br />condemnation proceeding. Without limiting the generality of the preceding sentence, the Lessor <br />has no interest in any award made to Lessee for Lesseemoving and relocation expenses or for <br />the loss of Lesseefixtures and other tangible personal property if a separate <br />award for such items is made to Lessee. The termination of this Lease under this Paragraph shall <br />not affect the rights of the respective parties to such awards. <br /> <br /> <br />ARTICLE 10: DAMAGE BY CASUALTY <br /> <br />10.01. The Lessee shall give immediate verbal notice, and prompt written notice to the Lessor of any <br />damage caused to the Leased Premises by fire or other casualty. <br /> <br />816 <br />Page of <br /> <br /> <br />
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