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Res 2004-216
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Res 2004-216
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7/26/2006 1:29:24 PM
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7/26/2006 1:25:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2004-216
Date
12/13/2004
Volume Book
159
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<br />I <br /> <br />I <br /> <br />I <br /> <br />B. The Lessee shall use the Airport and use, occupy and store property on the Leased <br />Premises at his own risk, and the Lessee agrees to hold harmless and release the Lessor, and its <br />officers, agents and employees from all claims, suits and actions by the Lessees for loss of life, <br />personal injury or property damage occurring at the Airport or on the Leased Premises, including <br />those resulting from the sole negligence or other actionable conduct of the Lessor, its officers, <br />agents or employees, or from the acts or omissions of third parties. <br /> <br />C. The Lessee shall give prompt notice to the Lessor of any accident on the Leased <br />Premises, and of defects in the runways, taxi-ways, lighting systems or other facilities at the Airport <br />of which the Lessee is aware. <br /> <br />D. In case the Lessor is made a party to any litigation commenced by or against the Lessees <br />that is covered by this paragraph, then the Lessee shall hold the Lessor harmless from and pay all <br />costs and expenses of the Lessor related to the litigation, including the fees of attorneys and expert <br />witnesses. <br /> <br />Article 8. Condemnation <br /> <br />8.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall <br />terminate as of the date the title vests in the proceeding. <br /> <br />8.02. Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial <br />taking renders the remaining portion unsuitable for the purposes of the Lessee, then this Lease shall <br />terminate. If the partial taking is not extensive enough to render the Leased Premises unsuitable for <br />the purposes of the Lessee, then this Lease shall continue in effect, except that the fixed annual <br />rental shall be reduced and adjusted in an appropriate manner. <br /> <br />8.03 If this Lease is terminated as provided in this section, rent shall be paid up to the date that <br />possession is taken by the condemning authority, and the Lessor shall make an equitable refund of <br />any rent paid by the Lessee in advance. <br /> <br />8.04 Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain <br />separate awards, or portions of lump sum awards, as are allocated to their respective interests in <br />the condemnation proceeding. The termination of this Lease under this Paragraph shall not affect <br />the rights of the respective parties to such awards. <br /> <br />Article 9. Damage by Casualty <br /> <br />9.01. The Lessee shall give immediate verbal notice and prompt written notice to the Lessor of any <br />damage caused to the Leased Premises by fire or other casualty. <br /> <br />9.02. In the event that any improvements on the Leased Premises are damaged or destroyed by <br />fire or other casualty covered under insurance, and the Lessee does not elect to terminate the <br />Lease, the Lessee shall proceed at their sole cost and expense to promptly and diligently rebuild <br />and repair the improvements. If the Hangar is damaged or destroyed by fire or other casualty that <br />renders more than 50% of the floor area of the Hangar unusable, then the Lessee may elect either <br />to terminate this Lease or to proceed to rebuild and repair the improvements. The Lessee shall give <br />written notice to the Lessor of this election within 60 days after the occurrence of the casualty. If the <br />Lessee elects to rebuild and repair, he shall proceed to do so with diligence and at his sole cost and <br />
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