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Res 2017-073/Berry Aviation lease
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Res 2017-073/Berry Aviation lease
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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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person shall be excluded from the provision of any service on or in the construction <br />of any improvements or alterations to the Leased Premises on grounds of race, <br />color, national origin, religion, handicap or gender. In addition, Lessee covenants <br />and agrees that it will at all times comply with any applicable requirements <br />imposed by or pursuant to Title 49 of the Code of Federal Regulations, Part 121, <br />Non -Discrimination in Federally Assisted Programs of the Department of <br />Transportation, and with any applicable future amendments thereto. <br />IF ANY CLAIM ARISES FROM A VIOLATION OF THE FOREGOING NON- <br />DISCRIMINATION COVENANT BY LESSEE, LESSEE AGREES TO HOLD <br />HARMLESS AND INDEMNIFY LESSOR AND AIRPORT MANAGEMENT <br />FROM ANY ACTUAL LOSS OR EXPENSE, BUT NOT CONSEQUENTIAL, <br />SPECIAL OR EXEMPLARY COSTS, EXPENSES OR DAMAGES, <br />INCURRED BY EITHER OF THEM IN CONNECTION WITH SUCH <br />VIOLATION. <br />9.02. Airport Development. The use of a portion of the Airport property for use of the Leased <br />Premises is subordinate to the use of Airport property for aviation purposes. Lessor <br />reserves the right to further develop and improve the Airport as it may see fit. If the future <br />development of the Airport requires the relocation of Lessee's Improvements during the <br />Term and any renewal thereof, Lessor agrees, prior to any such relocation, to (i) provide <br />substitute leased premises comparable to the Leased Premises for the remainder of the <br />Term and renewal thereof, plus any then permitted extensions, (ii) provide substitute leased <br />premises a location which is consistent with and suitable for Lessee's current business <br />operations at the Leased Premises at the time of such relocation, (iii) minimize disruptions <br />to Lessee's business and operations at the Leased Premises to the extent possible, and (iv) <br />to relocate (subject to Lessee's reasonable agreement, talcing into account impacts on <br />Lessee's use thereof) or promptly reconstruct the Improvements at no cost to Lessee. <br />9.03. Aeronautical Services Grant and Requirements. The right to furnish aeronautical services <br />to the public is granted to Lessee by Lessor, subject to the following: <br />a. Lessee shall furnish such services on a fair, equal and nondiscriminatory basis to <br />all users. <br />Any discounts, rebates or similar price reductions to volume purchasers shall be <br />fair, reasonable and nondiscriminatory. <br />ARTICLE 10: INSPECTION AND PREMISES ACCEPTANCE <br />10.01. Fire Safety. Lessee will pen -nit the Fire Marshal to make inspection of the Leased Premises <br />during regular business hours, except in the event of an emergency, and Lessee will comply <br />with Applicable Laws as required to insure the Leased Premises comply with fire and <br />building provisions regarding fire safety. Lessee shall maintain, in proper condition, <br />accessible fire extinguishers in number and type required or approved by fire underwriters <br />for the particular hazard involved. <br />10.02. Acceptance. Lessee agrees and covenants that Lessee has inspected the Leased Premises <br />and is fully advised of its own rights without reliance upon any representation made by <br />Lessor as to the condition of the Leased Premises, and accepts same in their present <br />condition. <br />11 <br />
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