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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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Airport and is required as a condition for the expenditure of federal funds for the development, <br /> maintenance or repair of Airport infrastructure. In the event that any such existing or future <br /> agreement directly causes a material restriction, impairment or interference with Lessee's primary <br /> operations on the Leased Premises("Limitation")for a period of less than seven(7)calendar days, <br /> this Lease shall continue in full force and effect. If the Limitation lasts more than seven(7)calendar <br /> days, Lessee and Lessor shall negotiate in good faith to resolve or mitigate the effect of the <br /> Limitation. If Lessee and Lessor are in good faith unable to resolve or mitigate the effect of the <br /> Limitation,and the Limitation lasts between seven(7)and one hundred eighty(180)days,then for <br /> such period(i)Lessee may suspend the payment of any rent due hereunder,but only if Lessee first <br /> provides adequate proof to Lessor that the Limitation has directly caused Lessee a material loss in <br /> revenue; (ii) subject to ordinary wear and tear, Lessor shall maintain and preserve the Leased <br /> Premises and its improvements in the same condition as they existed on the date such Limitation <br /> commenced;and(iii)the term of this Lease shall be extended,at Lessee's option,for a period equal <br /> to the duration of such Limitation. If the Limitation lasts more than one hundred eighty(180)days, <br /> then(i)Lessor and Lessee may, but shall not be required to, (a)further adjust the payment of rent <br /> and other fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the term of <br /> this Lease, or(ii)Lessee may terminate this Lease upon thirty(30)days'written notice to Lessor. <br /> 15.02 It is specifically understood and agreed that this Lease does not grant or authorize an exclusive <br /> right for conducting any aeronautical activity which is unlawfully discriminatory. The Lessee <br /> specifically agrees not to discriminate in its use of the Leased Premises in any manner prohibited <br /> by Federal Aviation Administration Regulations. The Lessee further agrees to comply with any <br /> nondiscrimination enforcement procedures required by the Federal government. <br /> 15.03 The Lessor reserves the right to take any action it considers necessary to protect the aerial <br /> approaches of the Airport against obstructions; and to limit the Lessee from erecting any building <br /> or structure on the Airport or on the Leased Premises that would limit the usefulness of the Airport <br /> or constitute a hazard to aircraft. <br /> 15.04 The Lessor reserves the right to further develop the Airport as it sees fit regardless of the desires of <br /> the Lessee, and without any hindrance or interference from the Lessee. The Lessor expressly <br /> reserves the right to grant leases and privileges to other persons with respect to the Airport, even <br /> though the purposes for which these leases are given are the same and duplicate those contained in <br /> this Lease. <br /> 15.05 This Lease shall be subject to and in conformance with all City, State and Federal ordinances, <br /> statutes and regulations. <br /> 15.06 Lessee, for itself, its personal representative, successors in interest and assigns, as part of the <br /> consideration herein, agrees that no person shall be excluded from participation in or denied the <br /> benefits of Lessee's use of Airport on the basis of race, color, national origin, religion, handicap, <br /> or gender. Lessee further agrees for itself, its personal representatives, successors in interest and <br /> assigns that no person shall be excluded from the provision of any service on or in the construction <br /> of any improvements or alterations to the Premises on grounds of race, color, national origin, <br /> Page 14 of 17 <br />
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