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Res 2017-058/approving a 19-month Airport Facility Lease Agreement with Coast Flight Management and Training, Inc
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Res 2017-058/approving a 19-month Airport Facility Lease Agreement with Coast Flight Management and Training, Inc
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5/15/2017 11:32:23 AM
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4/26/2017 12:00:56 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-58
Date
4/4/2017
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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 /> 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 /> Page 9 of 17 <br />
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