|
3.06
<br />No Outside Storage. Except for storage in the area labeled “Parking and Equipment Area” on
<br />Exhibit Fattached hereto, Lessee shall store all equipment, materials and supplies within the
<br />confines of the building located thereon, and outside storage is specifically prohibited without the
<br />advance written consent of Lessor. For avoidance of doubt, the Parking and Equipment Area
<br />may be used for, without limitation, aviation equipment and parts storage, vehicle parking, tug
<br />parking and aircraft parking.
<br />3.07
<br />Use of Airport Facilities. Lessor agrees that Lessee shall have access to the runways, taxiways,
<br />ramps and other Airport Facilities at the Airport to the same extent as other Airport users.
<br />3.08
<br />Parking. Lessee may use areas of the Leased Premises for parking, including, without limitation,
<br />the area adjacent to the hangar constructed by Lessee and, in the event Lessee desires to improve
<br />any such area for parking, Lessee may do so, including, without limitation, by paving the same or
<br />installing caliche thereon. In addition to on-site parking, which shall be exclusive to Lessee, its
<br />employees and customers, Lessee’s customers and employees shall have the nonexclusive right to
<br />park in the area described as “Offsite Parking” on Exhibit Gattached hereto, which area Lessor
<br />shall keep the same in good condition and repair.
<br />3.09
<br />Additional Airport Facilities. Notwithstanding any provision of this Lease, Lessee shall have no
<br />obligation to build or construct any improvements or facilities on or off the Leased Premises
<br />which constitute Airport Facilities, including, without limitation, offsite utility lines or other
<br />improvements,and any agreement to the contrary shall be made set forth in a writing signed and
<br />dated by Lessee and identifying the specific improvement(s). Except as provided in any such
<br />agreement, Lessor and Lessee that, in the event Lessee constructs Airport Facilities, Lessee may
<br />be entitled to, and may receive, a just and fair credit against Rent in consideration for such work
<br />and funds expended by Lessee related thereto. The foregoing provision shall survive expiration
<br />or earlier termination of this Agreement.
<br />ARTICLE 4: MAINTENANCE AND REPAIR OF PREMISES
<br />4.01
<br />Lessee Obligations. Except as provided below and in Section 6.01, Lessee shall keep all fixtures
<br />constructed or installed on the Leased Premises (collectively, the “Improvements”), in good
<br />condition and repair. In addition, Lessee shall be responsible for the cost of repair and/or
<br />replacement directly attributable to the gross negligence or willful misconduct of Lessee, its
<br />employees, sublessees, concessionaires, contractors, licensees and invitees. Lessee shall
<br />accomplish all repairs and maintenance for which it is responsible routinely and, in all events,
<br />within thirty (30) days of receipt of written notice from Lessor. If, within such thirty (30) day
<br />period, Lessee fails to make any necessary repairs or perform any other necessary repair and/or
<br />maintenance for which Lessee is responsible, Lessor may, as a result of such failure, perform or
<br />have such repairs or maintenance performed and notify Lessee of the same, together with
<br />evidence of the cost thereof, and the actual, reasonable cost of such work shall be payable by
<br />Lessee within thirty (30) days of Lessee’s receipt of such notice. Notwithstanding the foregoing,
<br />(i) with respect to Lessor improvements located on or within the Air Carrier Complex (e.g., the
<br />approximately 57,600 square foot hangar), Lessor, and not Lessee, shall be responsible for Major
<br />Repairs (as defined below); and (ii) in no event shall Lessee be responsible for the cost of
<br />maintenance, repair and/or replacement occasioned by the gross negligence or willful misconduct
<br />of Lessor or any person or entity claiming by or through Lessor. As used herein, “Major
<br />Repairs” means and refers to any required repair, maintenance or replacement which costs in
<br />excess of $5,000.00.
<br />6
<br />
<br />
|