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Res 1980-019
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Res 1980-019
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Last modified
3/10/2008 10:38:42 AM
Creation date
8/16/2006 4:00:11 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Airport
Number
1980-19
Date
3/10/1980
Volume Book
52
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<br />-6- <br /> <br />F. Medcalf shall give prompt notice to City in case of <br /> <br />fire or accident in the demised premises or of defects in the <br /> <br />runways, taxiways, lighting systems or other airport operations <br /> <br />of which Metcalf may be aware. <br /> <br />II <br /> <br />I <br /> <br />G. In case City shall, without fault on its part, be made <br /> <br />a party to any litigation commenced by or against Medcalf then <br /> <br />Medcalf shall protect and hold City harmless and shall pay all <br /> <br />cost, expenses and reasonable attorney's fees. <br /> <br />XIII. <br /> <br />A. Total: <br /> <br />If the whole of the demised premises shall be <br /> <br />acquired or taken by eminent domain for any public or quasi- <br /> <br />public use or purpose, then this lease and the term herein shall <br /> <br />cease and terminate as of the date of title vesting in such pro- <br /> <br />ceeding. <br /> <br />B. Partial: <br /> <br />If any part of the demised premises or all or <br /> <br />part of said Airport shall be taken as aforesaid, and such partial <br /> <br />taking shall render that portion of the demised premises not so <br /> <br />II <br /> <br />taken unsuitable for the business of Medcalf then this lease and <br /> <br />the term herein shall cease and terminate as aforesaid. <br /> <br />If such <br /> <br />partial taking is not extensive enough to render the premises un- <br /> <br />suitable for the business of Medcalf, then this lease shall continue <br /> <br />in effect except that the minimum rental shall be reduced and adjust- <br /> <br />ed in an appropriate manner. <br /> <br />C. If this lease is terminated as provided in this paragraph, <br /> <br />rent shall be paid up to the date that possession is so taken by <br /> <br />public authority, and City shall make an equitable refund of any <br /> <br />rent paid by Medcalf in advance. <br /> <br />D. Award: Medcalf shall not be entitled to and expressly <br /> <br />waives all claim to any condemnation award for any taking, whether <br /> <br />II <br /> <br />whole or partial, and whether for diminution in value of the lease- <br /> <br />hold or to the fee, although Medcalf shall have the right, to the <br /> <br />extent that the same shall not reduce City's award, to claim from <br /> <br />the condemnor, but not from City, such compensation as may be re- <br /> <br />coverable by Medcalf in its own right for damage to Medcalf's <br /> <br />business and fixtures. <br />
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