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Res 1980-064
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Res 1980-064
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3/10/2008 10:39:13 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1980-64
Volume Book
53
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<br />I <br /> <br />premises, or from any injury or damage caused by or resulting <br /> <br /> <br />from any defects or negligence in the occupancy, construction, <br /> <br /> <br />operation, use of any of said buildings, equipment, machinery, <br /> <br /> <br />utilities, appliances or apparatus by any person or by or from <br /> <br /> <br />the acts or negligence of any occupant of the premises. <br /> <br /> <br />E. Chandelle shall give prompt notice to City in case of <br /> <br /> <br />fire or accident in the demised premises or of defects in the <br /> <br /> <br />runways, taxiways, lighting systems or other airport operations of <br /> <br />which Chandelle may be aware. <br /> <br />XII. <br /> <br />A. Total: If the whole of the demised premises shall be <br /> <br />acquired or taken by eminent domain for any public or quasi-public <br /> <br />use or purpose, then this lease and the term herein shall cease and <br /> <br /> <br />terminate as of the date of title vesting in such proceeding. <br /> <br /> <br />B. partial: If any part of the demised premises or all or <br /> <br /> <br />part of Airport shall be taken as aforesaid, and such partial taking <br /> <br /> <br />shall render that portion of the demised premises not so taken <br /> <br /> <br />unsuitable for the business of Chandelle then this lease and the term <br /> <br /> <br />I herein shall cease and terminate as aforesaid. If such partial taking <br /> <br /> <br />is not extensive enough to render the premises unsuitable for the <br /> <br />business of Chandelle, then this lease shall continue in effect except <br /> <br /> <br />that the minimum rental shall be reduced and adjusted in an approp- <br /> <br />riate manner. <br /> <br />C. If this lease is terminated as provided in this paragraph, <br /> <br /> <br />rent shall be paid up to the date that possession is so taken by <br /> <br /> <br />public authority, and City shall make an equitable refund of any <br /> <br /> <br />rent paid by Chandelle in advance. <br /> <br /> <br />D. Award: Chandelle shall not be entitled to and expressly <br /> <br />I <br /> <br />waives all claim to any condemnation award for any taking, whether <br /> <br />whole or partial, and whether for diminution in value of the lease- <br />hold or to the fee, although Chandelle shall have the right, to the <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 Chandelle in its own right for damage to Chandelle's <br />business and fixtures. <br /> <br />5 <br />
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