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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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8.03. Subordination. This Lease is subject to the provisions of any agreement made between <br />Lessor and the United States of America and/or the State of Texas relative to the operation <br />or maintenance of the Airport, the execution of which has been required as a condition <br />precedent to the transfer of federal or State of Texas rights or property to Lessor for the <br />development, maintenance and repair of Airport infrastructure. Lessor covenants and <br />agrees that it has no existing agreements with the United State of America or the State of <br />Texas in conflict with the express provisions of this Lease and that it will not enter into any <br />such agreements. <br />8.04. War; National Emergency. During time of war or national emergency, Lessor shall have <br />the right to lease the landing area or any part thereof to the United States of America for <br />military or naval use and, if such lease is executed, the provisions of this Lease, insofar as <br />they are inconsistent with the provisions of the lease to the Government, shall be <br />suspended. All Rent or other payments owing under this Lease shall likewise be suspended <br />until Lessee's normal operations resume at the Leased Premises. hi addition, if Lessee's <br />normal business operations are materially affected for a period in excess of one eighty <br />(180) days, Lessee may terminate this Lease upon written notice to Lessor, in which event, <br />except for the obligations of the parties which expressly survive termination of this Lease, <br />the parties shall have no further rights or obligations hereunder except to the extent <br />permitted in, and in accordance with, Section 4.07, Lessee may remove its personal and <br />other property within thirty (30) days after the date of Lessee's notice of termination (the <br />exercise of which right shall not constitute a holdover). Nothing contained in this Lease <br />shall prevent Lessee from pursuing any rights which Lessee may have for reimbursement <br />from the United States of America for the taking of any part of Lessee's leasehold estate <br />or for any loss or damage caused to Lessee by the United States of America. <br />8.05. Operation as Public Airport. Lessor covenants and agrees that during the Term and any <br />renewal thereof it will operate and maintain the Airport and its public Airport Facilities as <br />a public use airport. <br />ARTICLE 9: OPERATION OF THE AIRPORT <br />9.01. Non Discrimination Requirements. <br />a. It is specifically understood and agreed that this Lease does not grant or authorize <br />an exclusive right for conducting any aeronautical activity which is unlawfully <br />discriminatory. Lessee specifically agrees not to discriminate in its use of the <br />Leased Premises in any mamler prohibited by applicable FAA regulations. Lessor <br />agrees not to lease space to other tenants or users at the Airport on terms more <br />favorable (including, without limitation, ground rents, other rents or fees, or length <br />of tenn) than those contained in this Lease and, if Lessor enters into a lease or other <br />agreement for the same or similar use, the material terms of which are more <br />favorable terms than those contained herein, the more favorable material terms <br />shall be offered to Lessee and, at Lessee's election, this Lease shall be modified to <br />reflect the more favorable material terms. <br />b. Lessee, for itself, its personal representative, successors in interest and assigns, as <br />part of the consideration herein, agrees that no person shall be excluded from <br />participation in or denied the benefits of Lessee's use of the Airport on the basis <br />of race, color, national origin, religion, handicap or gender. Lessee further agrees <br />for itself, its personal representatives, successors in interest and assigns that no <br />10 <br />
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