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Res 1998-172
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Res 1998-172
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4/24/2007 1:21:30 PM
Creation date
4/23/2007 4:36:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-172
Date
9/14/1998
Volume Book
134
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<br /> VOL 'D-OO" ?~5 <br /> t;., p~c~" "- <br /> other areas of the Airport by the Lessee, its agents, contractors, employees, servants, invitees or <br /> licensees. <br /> B. The Lessee shall use the Airport and use, occupy and store property on the Leased <br /> Premises at its 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 Lessee 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 /> 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 /> D. In case the Lessor is made a party to any litigation commenced by or against the Lessee <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 /> Article 8. Condemnation <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 /> 8.02. Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br /> 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 premises unsuitable for the <br /> purposes of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental <br /> shall be reduced and adjusted in an appropriate manner. <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 /> 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 /> Article 9. Damage by Casualty <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 /> 9.02. In the event that any improvements on the Leased Premises are damaged or destroyed by fire <br /> or other casualty covered under insurance, and the Lessee does not elect to terminate the lease, <br /> the Lessee shall proceed at its sole cost and expense to promptly and diligently rebuild and repair <br /> the improvements. If the Hangar is damaged or destroyed by fire or other casualty that renders more <br /> 5 <br />
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