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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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Limitation. If Lesseeand Lessorare 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) Lesseemay suspend the payment of any rent due hereunder, but only if Lesseefirst <br />provides adequate proof to Lessorthat the Limitation has directly caused Lesseea material loss in <br />revenue; (ii) subject to ordinary wear andtear, Lessorshall maintain and preserve the Leased <br />Premisesand 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) Lessorand Lesseemay, 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) Lesseemay terminate this Leaseupon thirty (30) days' written notice to Lessor. <br />15.02It is specifically understood and agreed that this Leasedoes 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 LeasedPremisesin any manner prohibited <br />by Federal Aviation Administration Regulations. The Lesseefurther agrees to comply with any <br />nondiscrimination enforcement procedures required by the Federal government. <br />15.03The Lessorreserves the right to take any action it considers necessary to protect the aerial <br />approachesof the Airportagainst obstructions; and to limit the Lesseefrom erecting any building <br />or structure on the Airportor on the LeasedPremisesthat would limit the usefulness of the Airport <br />or constitute a hazard to aircraft. <br />15.04The Lessorreserves the right to further develop the Airportas it sees fit regardless of the desires of <br />the Lessee, and without any hindrance or interference from the Lessee. The Lessorexpressly <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 />15.05This Leaseshall be subject to and in conformance with all City, State and Federal ordinances, <br />statutes and regulations. <br />15.06Lessee, 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 Lesseeās 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 />religion, handicap, or gender. In addition, Lessee covenants and agrees that it will at all times <br />comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal <br />Regulations, Part 121, Non-Discrimination in Federally Assisted Programs of the Department of <br />Transportation and with any amendments to this regulation which may hereafter be enacted. <br />1417 <br />Page of <br /> <br />
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