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Res 2023-019/approving an airport facility redevelopment agreement for commercial use with US Aviation Group, LLC for the lease of airport
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Res 2023-019/approving an airport facility redevelopment agreement for commercial use with US Aviation Group, LLC for the lease of airport
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4/24/2023 1:36:09 PM
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2/21/2023 4:28:49 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-019
Date
1/17/2023
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DocuSign Envelope ID:CFOA3C46-0329-49E2-B3D4-269BO64BBEC1 <br /> possible,and(iv)to relocate(subject to Lessee's reasonable agreement,taking into account impacts <br /> on 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 to the <br /> 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 all users. <br /> b. Any discounts, rebates or similar price reductions to volume purchasers shall be fair, <br /> reasonable and nondiscriminatory. <br /> ARTICLE 10: INSPECTION <br /> 10.01 Fire Safety. Lessee will perinit the Fire Marshal and building inspector to make inspection of the <br /> Leased Premises during regular business hours, except in the event of an emergency, and Lessee <br /> will comply with Applicable Laws as required to ensure the Leased Premises comply with fire and <br /> building provisions regarding fire safety. Lessee shall maintain,in proper condition,accessible fire <br /> extinguishers in number and type required or approved by fire underwriters for the particular hazard <br /> involved. <br /> ARTICLE 11: INSURANCE AND INDEMNITY <br /> 11.01 Insurance: Lessee shall procure and maintain at all times during the Term and any renewal thereof, <br /> in full force and effect, a policy or policies of insurance as set forth in the Minimum Standards as <br /> they exist now or may be amended in the future and related to Lessee's lease, use and occupancy <br /> of the Leased Premises. Such insurance shall be written so that Lessor must be notified in writing <br /> at least thirty(30)days in advance of cancellation or non-renewal,and Lessee shall not amend such <br /> insurance in any manner which fails to comply with the Minimum Standards. To the extent not <br /> already in Lessor's possession, Lessee shall provide certificates of insurance which satisfy the <br /> foregoing within three (3) Business Days of the Effective Date and, thereafter, at least once per <br /> calendar year during the Term. All required insurance shall be primary over any other insurance <br /> coverage Lessor may have and shall name the City and Airport Management as additional insureds <br /> (as applicable,to the extent of their interests therein).Lessor does not carry insurance on Lessee's <br /> personal property. <br /> 11.02 Indemnity and Hold Harmless. <br /> a. Indemnity. LESSEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS <br /> LESSOR AND ITS OFFICERS, EMPLOYEES, AGENTS (INCLUSIVE OF AIRPORT <br /> MANAGEMENT) AND REPRESENTATIVES (COLLECTIVELY, THE "LESSOR <br /> INDEMNIFIED PARTIES"), FROM AND AGAINST ALL COSTS, EXPENSES <br /> (INCLUDING REASONABLE ATTORNEYS' FEES, EXPENSES AND COURT <br /> COSTS), LIABILITIES, DAMAGES (EXCLUSIVE OF CONSEQUENTIAL, <br /> INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES), CLAIMS, <br /> SUITS, ACTIONS AND CAUSES OF ACTIONS. ("CLAIMS"), TO THE EXTENT <br /> ARISING DIRECTLY OR INDIRECTLY,OUT OF(i)ANY BREACH OF THIS LEASE <br /> BY LESSEE AND ITS AGENTS, CONTRACTORS,EMPLOYEES,LICENSEES AND <br /> INVITEES, (COLLECTIVELY THE "LESSEE PARTIES"), (ii) ANY FALSE <br /> REPRESENTATION OR WARRANTY MADE BY LESSEE HEREIN, AND(iii)ANY <br /> NEGLIGENT ACT OR OMISSION, GROSS NEGLIGENCE OR WILLFUL <br /> MISCONDUCT OF THE LESSEE PARTIES IN CONNECTION WITH THIS LEASE, <br /> -10- <br />
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