09111979 Regular Meeting - Laserfiche WebLink

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I I I -4- permission including that of the Federal Aviation Administration for use of said property has been granted prior to the effective date of this Lease Agreement. 14. FIRE HYDRANTS: City agrees to make available to Lessee all necessary connections parts and fire hydrant wrench to enable Lessee to apply water from the fire hydrants located on the property to its skid areas on the ramp. Lessee represents to the City that it will exercise due diligence and care in maintaining this equipment furnished it by the City and will not waste water from these fire hydrants and will only use an amount of water as necessary to properly prepare the skid areas. lS. INSURANCE REQUIREMENTS: As a condition precedent to the use of the property, the Lessee agrees to indemnify and hold harmless the City from all damages that may be caused by its use of said property and shall protect and indemnify the City from any and all claims and causes of action arising out of the use of said property, and shall defend any litigation arising in connection with such use at its own cost and expense. In addition, the Lessee agrees to obtain an insurance policy protecting the City from any liability to persons or property damaged or injured on the property and will have the City named as co-insured in said policy. Such policy shall be for not less than $ 100,000.00 per person and $ 300,000.00 for any single occurrence for bodily injury or death per accident and to $ 25,000.00 for any single occurrence for injury to or destruction of pro- perty and shall be delivered to and kept by the City Secretary of the City and shall be maintained so long as this contract will be in effect. 16. INSPECTIONS: Lessee's total operation is subject to continuous inspec- tion by the Lessor and the FAA; and if said operation is found to be detrimental to aviation or aviation-related activities, such detrimental activities shall be ceased immediately upon written notice. Failure to comply with said written notice with 24 hours shall result in the immediate cancellation of this lease agreement. 17. RADIO COMMUNICATIONS: Lessee shall equip its automobiles and/or super- visory personnel involved in actual evasive driving training in the training area with radio equipment sufficient to maintain radio communication with the Fixed Base Operator at the San Marcos Municipal Airport. 18. PERSONNEL: Lessee agrees to have qualified personnel on the property at all times while it is open and in operation. 19. AMENDMENTS, MODIFICATIONS, & ALTERATIONS: No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 20. ASSIGNMENT: The Lessee shall not assign or transfer this agreement, nor