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Res 2004-162
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Res 2004-162
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Last modified
7/28/2006 2:21:40 PM
Creation date
7/28/2006 1:53:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-162
Date
9/27/2004
Volume Book
157
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<br />I <br /> <br />I <br /> <br />I <br /> <br />9. <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />B. <br /> <br />14. <br /> <br />18. <br />19. <br />20. <br /> <br />15. <br /> <br />upon and be surrendered with the Facility upon any termination of this Agreement, <br />unless the City or Hearn requests their removal, in which event TEJAS shall remove <br />them and restore the Facility at TEJAS' expense. All improvements which can be <br />disassembled and moved to another location (i.e. paint booths) shall be removed by <br />TEJAS upon expiration or within 15 days of any termination of this Agreement. <br />Ensuring that no lien or similar obligation is imposed upon the Property for any alteration, <br />repair, labor performed or materials furnished to the Property or Facility, and immediately <br />discharging any lien or charge after the lien occurs or charges become due and payable. <br />Securing the prior written consent of the City for any of the following: 1) any changes to the <br />Facility; 2) installing any exterior lighting, shades or awnings, or any exterior decorations or <br />paintings on the Facility; or 3) erecting, installing or changing any signs, window or door <br />lettering, placards, decorations, or advertising media of any type which can be viewed from <br />the exterior of the Facility. <br />Promptly paying all charges for electricity, water, telephone service, and other utilities <br />furnished to the Facility. <br />Waiving any liability of the City for any interruption or impairment whatsoever in utility <br />services to the Facility. <br />Payment when due of due all taxes and assessments against any equipment, inventory and <br />other personal property at or in the Facility, and payment when due of all sales, excise, <br />income and other taxes levied upon its business operations at the Facility. <br />Procuring and maintaining liability insurance in full force at its expense as set forth in the <br />City Lease and in the Minimum Standards. This insurance shall be written so that the City <br />must be notified in writing at least 30 days in advance of cancellation, restrictive amendment <br />or non-renewal. TEJAS shall file certificates of insurance with the City upon execution of <br />this Agreement and annually thereafter. All insurance required under this paragraph shall be <br />primary over any other insurance coverage Hearn or the City may have, and shall be written <br />with the City as an additional insured. In any event, TEJAS is fully responsible for all losses <br />arising out of, resulting from or connected with all activity under this Agreement whether or <br />not the losses are covered by insurance. The CityDs acceptance of insurance certificates that <br />do not comply with these requirements will not release TEJAS from compliance with these <br />provlslOns. <br />Procuring and maintaining fire and property damage insurance for all contents, goods, stock, <br />and any personal property which is or may be situated upon the Property or Facility. <br />Holding harmless, indemnifying and defending the City and its officers, agents and <br />employees from and against claims and suits. <br />Use, occupancy and storage of property on the Property at TEJASD own risk, and holding <br />harmless and releasing the City and its officers, agents and employees from all claims, suits <br />and actions by TEJAS for loss of life, personal injury or property damage occurring at the <br />Airport or on the Property, including those resulting from the sole negligence or other <br />actionable conduct of the City or its officers, agents or employees, or from the acts or <br />omissions of third parties. <br />Eminent domain as to all or part of the Facility. <br />Providing notice to the City of any damage caused to the Facility by fire or other casualty. <br />Securing the advance written consent of Hearn and the City as to any sublease of its interest <br />in the Facility. <br /> <br />16. <br /> <br />17. <br /> <br />3 <br />
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