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Res 2017-057/a five-year commercial facility lease agreement with Compliance Aviation, Inc. d/b/a Blue Skies Aviation for the hangar located at 1815 Airport Drive
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Res 2017-057/a five-year commercial facility lease agreement with Compliance Aviation, Inc. d/b/a Blue Skies Aviation for the hangar located at 1815 Airport Drive
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5/3/2017 3:46:55 PM
Creation date
4/26/2017 12:00:32 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-57
Date
4/4/2017
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THIS SECTION, THEN LESSEE SHALL HOLD LESSOR AND AIRPORT <br />MANAGEMENT, AND THEIR OFFICERS, AGENTS, OWNERS, AND EMPLOYEES <br />HARMLESS FROM, AND LESSEE SHALL PAY, ALL COSTS AND EXPENSES <br />RELATED TO THE LITIGATION, INCLUDING THE FEES OF ATTORNEYS AND <br />EXPERT WITNESSES. <br />e. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR AND <br />AIRPORT MANAGEMENT FOR ANY AND ALL INJURY OR DAMAGE TO <br />LESSOR'S OR AIRPORT MANAGEMENT'S PROPERTY ARISING OUT OF OR IN <br />CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS <br />OFFICERS, OWNERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, <br />SUBCONTRACTORS, LICENSEES, OR INVITEES. <br />f. NEITHER LESSOR NOR AIRPORT MANAGEMENT GUARANTEES POLICE <br />PROTECTION OR SECURITY TO LESSEE OR ITS PROPERTY, AND LESSOR AND <br />AIRPORT MANAGEMENT SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY <br />PERSON ON THE LESSEE'S PREMISES OR FOR HARM TO ANY PROPERTY <br />WHICH BELONGS TO LESSEE, ITS OFFICERS, OWNERS, SERVANTS, <br />EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR <br />PATRONS, OR WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY <br />DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS <br />LESSOR AND AIRPORT MANAGEMENT, THEIR OFFICERS, OWNERS, AGENTS, <br />SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH <br />CLAIMS. <br />ARTICLE 9: CONDEMNATION <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 />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 />9.03. If this Lease is terminated as provided in this section, rent shall be paid up to the date that possession <br />is taken by the condemning authority, and the Lessor shall make an equitable refund of any rent <br />paid by the Lessee in advance. <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 />Page 9 of 17 <br />
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