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Res 1998-103
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4/23/2007 4:45:59 PM
Creation date
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City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-103
Date
5/18/1998
Volume Book
133
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<br /> VOL 190 PAC E 66 <br /> Article 14. Operation of the Airport; Lessor's Access to Leased Premises <br /> 14.01. The Lessor reserves the right to operate the Airport in accordance with, and this Lease is <br /> subordinate to, the Lessor's obligations to the Federal and State governments under any of the <br /> agreements for which aid for development of the Airport was or will be granted. If these obligations <br /> unreasonably restrict the Lessee's use of the Leased Premises, then the Lessee may terminate this <br /> Lease, and the parties will have no further obligations. <br /> 14.02. It is specifically understood and agreed that this Lease does not grant or authorize an <br /> exclusive right for conducting any aeronautical activity which is unlawfully discriminatory. The <br /> Lessee specifically agrees not to discriminate in its use of the Leased Premises in any manner <br /> prohibited by Federal Aviation Administration Regulations. The Lessee further agrees to comply with <br /> any nondiscrimination enforcement procedures required by the Federal government. <br /> 14.03. The Lessor reserves the right to take any action it considers necessary to protect the aerial <br /> approaches of the Airport against obstructions; and to limit the Lessee from erecting any building or <br /> structure on the Airport or on the Leased Premises that would limit the usefulness of the Airport or <br /> constitute a hazard to aircraft. <br /> 14.04. The Lessor reserves the right to further develop the Airport as it sees fit regardless of the <br /> desires of the Lessee, and without any hindrance or interference from the Lessee. The Lessor <br /> expressly reserves the right to grant leases and privileges to other persons with respect to the <br /> Airport, even though the purposes for which these leases are given are the same and duplicate <br /> those contained in this Lease. If the development of the Airport requires the relocation of the <br /> Lessee's facilities, the Lessor agrees to provide a location comparable to that provided to other <br /> private lessees at the time of the relocation, and to relocate the Less.ee's buildings at no cost to the <br /> Lessee, or,provide similar facilities for the Lessee, except that the Lessor shall not be required to <br /> pay more than the wholesale cost of foundation materials. <br /> 14.05. This Lease shall be subject to and in conformance with all City, State and Federal <br /> ordinances, statutes and regulations. <br /> 14.06. The Lessee, for itself, its personal representatives, successors in interest, and assigns, as <br /> part of the consideration, hereby covenants and agrees as a covenant running with this Lease that: <br /> 1) no person shall be excluded from participation in, denied the benefits of, or otherwise subjected <br /> to discrimination in the conduct of business operations on the Leased Premises on the grounds of <br /> sex, race, creed, color, or national origin, 2 no person shall be excluded from participation in, denied <br /> the benefits of, or otherwise be subjected to discrimination on the grounds of sex, race, creed, color, <br /> or national origin) in the construction of any improvements on, over, or under the Leased Premises, <br /> and 3) the Lessee shall use the premises in compliance with all other requirements imposed by 49 <br /> CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, <br /> as amended. In the event of breach of this paragraph or of paragraph 14.07 by the Lessee, the <br /> Lessor shaU have the right to terminate the Lease and to reenter and repossess the Leased <br /> Premises in accordance with Article 11. <br /> 14.07. The Lessee assures that it will undertake an affirmative action program as required by 14 <br /> CFR Part 152, Subpart E, to ensure that no person shall be excluded from participating in any <br /> employment activities covered in 14 CFR Part 152, Subpart E on the grounds of race, creed, color, <br /> national origin, or sex. The Lessee assures that no person shall be excluded on these grounds from <br /> participating in or receiving the services or benefits of any program or activity covered by this <br /> 9 <br />
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