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Res 2017-073/Berry Aviation lease
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Res 2017-073/Berry Aviation lease
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Last modified
6/16/2017 10:40:16 AM
Creation date
5/3/2017 4:09:49 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-73
Date
4/18/2017
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5.02. Lessor's Right of Access. When no state of emergency exists and subject to compliance <br />with Applicable Laws, Lessor and Airport Management, acting by and through their <br />authorized representatives, shall have the right to enter the Leased Premises following <br />notice to Lessee during Lessee's regular business hours for the purpose of (i) determining <br />whether the Leased Premises are in good condition and repair, or (ii) performing any <br />maintenance or repairs to the Improvements for which Lessor is responsible under this <br />Lease. In an emergency and subject to compliance with Applicable Laws, Lessor and <br />Airport Management, acting by and through their authorized representatives, may enter the <br />Leased Premises at any time and without prior notice to Lessee (but written notice of entry <br />and the time and reason therefor, together with the names and contact information of each <br />individual who entered without notice, shall be provided by Airport Management to Lessee <br />within twenty-four [24] hours of any such entry). Lessor and Airport Management shall <br />minimize disruption to Lessee and operations at the Leased Premises resulting from any <br />access thereto by Lessor or Airport Management. <br />ARTICLE 6: UTILITIES AND TAXES <br />6.01. Utilities. Lessee agrees and covenants that it will pay for all utilities used by it on the <br />Leased Premises, including all costs charged or necessary for utility connection fees, <br />impact fees, the installation of meters, any deposits and any other customary prerequisites <br />for such utility service. Lessee further covenants and agrees that Lessee will pay all <br />customary costs and expenses for initial service and any extension of the same to the <br />Leased Premises and, if applicable, Lessee must first obtain, in writing, permission from <br />Lessor before undertaking any utility improvements that impact Lessor's property. In <br />addition, Lessee shall maintain and repair all utility service lines located on the Leased <br />Premises, except to the extent such maintenance or repair is the obligation of the utility <br />company providing such utility service. Except for its gross negligence or willful <br />misconduct operating in its capacity as a utility provider, Lessor shall not be liable for any <br />interruption or impairment in utility services to the Leased Premises; provided, in the event <br />utility service is not available to the Leased Premises for a period of forty-five (45) <br />consecutive days or longer, shall be abated. Any such abatement shall be applicable to the <br />period between the date of interruption and the date services are resumed. <br />6.02. Taxes. <br />a. In entering into this Lease, Lessee understands that it will be solely responsible <br />for the payment of ad valorem taxes, if any, that are assessed against all or any <br />portion of (i) Lessee's leasehold interest in the Leased Premises, (ii) the <br />Improvements, and (iii) Lessee's equipment, inventory and other personal <br />property, including, but not limited to, Lessee's aircraft used for commercial <br />purposes. Lessee shall deliver to Airport Management evidence of timely payment <br />of all such taxes. <br />b. Lessee may, at Lessee's expense, contest the validity or amount of any taxes for <br />which Lessee is responsible, in which event, the payment thereof may be deferred, <br />as permitted by Applicable Law, during the pendency of such contest. <br />Notwithstanding the foregoing, no such taxes shall remain unpaid for such length <br />of time as would permit the Premises, the Improvements or any part thereof to be <br />sold or seized by any governmental authority for nonpayment of the same. If at <br />any time, in Lessor's reasonable judgment, it shall become necessary to do so, <br />Lessor may, after notice to Lessee, under protest, pay such amount of the taxes as <br />
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