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Res 2017-170/approving the terms and conditions of an Airport Facility Lease agreement for commercial use with McKee Avionics for the Hangar located at 1838 Airport Drive
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Res 2017-170/approving the terms and conditions of an Airport Facility Lease agreement for commercial use with McKee Avionics for the Hangar located at 1838 Airport Drive
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12/28/2017 9:54:30 AM
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11/30/2017 12:49:01 PM
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Resolutions
City Clerk - Type
Approving
Number
2017-170
Date
11/21/2017
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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 MANAGEMENTGUARANTEES 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 LeasedPremisesis taken by eminent domain, then this Leaseshall <br />terminate as of the date the title vests in the proceeding. <br />9.02.Partial: If a portion of the LeasedPremisesis taken by eminent domain, and the partial taking <br />renders the remaining portion unsuitable for the business of the Lessee, then this Leaseshall <br />terminate.If the partial taking is not extensive enough to render the premises unsuitable for the <br />business of the Lessee, then this Leaseshall continue in effect, except that the fixed annual rental <br />shall be reduced and adjusted in an appropriate manner. <br />9.03.If this Leaseis 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 Lessorshall make an equitable refund of any rent <br />paid by the Lesseein advance. <br />9.04.Division of Award: The Lessorand the Lesseeshall 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 Lesseefor 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 />award for such items is made to Lessee. The termination of this Leaseunder this Paragraph shall <br />not affect the rights of the respective parties to such awards. <br />917 <br />Page of <br /> <br />
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