Res 1997-161 - Laserfiche WebLink

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VOL 184 ~AG[ 548 (1) to furnish good, prompt and efficient service adequate to meet all the demands for its services at the airport; (2) to furnish service on a fair, equal and non-discriminatory basis to all users; (3) to charge fair, reasonable and non-discriminatory prices for each unit of sale or service, provided that Lessee may be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume purchasers; (4) to establish and maintain an arrangement for the sale of all octane aviation jet fuel of a major "name brand"; and aviation oil that is available and in general use and demand in this area; (5) to supply and enforce the wearing of uniforms by line service personnel; (6) to provide or arrange for training and certification, where applicable, for all line service personnel in their aviation duties; and (7) to provide adequate fire fighting equipment, as determined by federal, state and local law. C. Lessee, as a FBO of the airport, shall be responsible for the upkeep and maintenance of its aviation fuel storage and dispensing facility, and shall maintain same in accordance with all federal, state and local regulations, standards and requirements. Lessee shall be responsible for the cost of repair and/or replacement associated with its fuel system. Notwithstanding anything herein to the contrary, Lessee shall be responsible for the cost of repair and/or repla.cement directly attributable to Lessee's negligence, misconduct or neglect, or the negligence, misconduct or neglect of Lessee's employees, sub-tenants, concessionaires, agents, contractors, invitees or licensees. D. Lessee shall store its property in, and shall occupy the demised premises at its own risk. Lessor shall not be responsible or liable at any time for any loss to or damage to Lessee's, its agent's, servant's, or its employee's machinery, airplanes or airplane parts or any other personal property of Lessee's business at the airport. V. INSURANCE AND INDEMNIFICATION A. Fire, Windstorm and Extended Coverage Insurance. Lessee agrees to carry fire, windstorm and extended coverage insurance on all improvements located on the Leased Premises. It is understood and agreed that any loss payable under this policy shall be made to Lessor, and Lessor further agrees that it will expend any funds recovered by it under the terms of any insurance policy or policies for reconstruction and repair of the damaged portion of the Leased Premises. Lessee shall promptly notify Lessor of the occurrence of fire or accident upon said Leased Premises. Lessee shall maintain, at its own expense, fire and extended coverage insurance on any aircraft stored, secured, placed, housed or located upon the Leased Premises. Should annual insurance premiums paid by Lessor in connection with the ownership, maintenance or use of the San Marcos Municipal Airport or any operations at the Airport or elsewhere which are necessary or incidental to the ownership, maintenance or use ever be increased because of the securing by Lessee of aircraft in the parking area provided, Lessee shall promptly pay to Lessor the extra amount of the premium upon demand by Lessor. Lessor shall not be liable to Lessee for losses due to theft or burglary or for damage done by unauthorized persons on the a.irport premises. B. General Liability Insurance. Lessee agrees to continuously keep in effect and to file with Lessor a policy of general liability insurance issued by a casualty insurance company duly authorized to do business in the State of Texas and acceptable to Lessor with minimum limits of $300,000.00 per person and $500,000.00 for any single occurrence of injury to or destruction of property. The insurance policy shall name Lessor as an additional insured and shall contain the endorsement that the insurance may not be canceled or amended with respect to Lessee without thirty (30) days' written notice by certified mail, return receipt requested, to Lessor by the insurance company. Lessor shall not be required to pay any of the premiums for the policy. Any insurance policy required or procured by Lessee shall contain an express waiver of all rights of subrogation by the insurance company against Lessor and shall be delivered by Lessee to Lessor immediately upon the execution of this Amendment, and thereafter within ten (10) days of the inception of any policy by the insurance company. The minimum limits of any insurance coverage herein required shall not limit Lessee's liability under any terms of this Amendment. 2