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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
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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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has no interest in any award made to Lessee for Lessee's moving and relocation expenses or for <br />the loss of Lessee's leasehold interest, fixtures 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 />ARTICLE 10: DAMAGE BY CASUALTY <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 />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 Lessee, <br />or if not totally destroyed, if it should be so damaged by such a cause that rebuilding or repairs <br />cannot reasonably be completed within 180 working days after the date of Lessor's receipt of <br />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 />10.03. If the Premises are damaged by fire, tornado, or other casualty not the fault of Lessee or any person <br />in or about the Premises with the express or implied consent of Lessee, but not to such an extent <br />that rebuilding or repairs cannot reasonably be completed within 180 days after the date of Lessor's <br />receipt of insurance proceeds in connection with the casualty, this Lease shall not terminate except <br />as provided in subsection below: <br />a. If such damage to the Premises occurs during the Term hereof, Lessor may, at its sole cost and <br />in its sole discretion, proceed to rebuild or repair the Premises to substantially the condition in <br />which they existed upon commencement of this Lease. Lessee shall, at its sole cost and risk, <br />be responsible for rebuilding or repairing any damaged improvements made by Lessee. If the <br />Premises are untenantable in whole or in part following such damage, the rent payable during <br />the period in which they are untenantable shall be adjusted equitably. In the event that Lessor <br />should elect not to so rebuild or repair the Premises or fails to complete such rebuilding or <br />repairs within 180 working days after the date of Lessor's receipt of insurance proceeds in <br />connection with the casualty, Lessor or Lessee may terminate this Lease by written notification. <br />Upon such notification, all rights and obligations under this Lease shall cease. <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 />implied consent of Lessee (including, without limitation, Lessee's representatives, agents, invitees, <br />and contractors), Lessor may elect (at its sole option and in its sole discretion) to rebuild the <br />Premises and the building or structure of which the Premises may be a part. If Lessor so elects to <br />rebuild, Lessee shall pay Lessor the difference between the actual cost of rebuilding and any <br />insurance proceeds received by Lessor as a result of the casualty destruction. Lessee's obligations <br />under this paragraph shall survive the termination of this Lease. <br />Page 10 of 17 <br />
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