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Res 1989-074
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Res 1989-074
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Last modified
8/2/2007 5:09:07 PM
Creation date
8/2/2007 5:09:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1989-74
Date
8/14/1989
Volume Book
95
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<br /> -12- <br /> the leased premises not so taken unsuitable for the purpose of this <br /> Agreement, then this Agreement and the term hereof shall cease and <br /> terminate as aforesaid. If such partial taking is not extensive <br /> enough to render the premises unsuitable for the purpose of this <br /> Agreement, then this Agreement shall continue in effect except <br /> that the rental shall be reduced and adjusted in an equitable manner <br /> as agreed upon by the parties by written amendment to this <br /> Agreement. If this Agreement is terminated as provided in this <br /> paragraph, rent shall be paid up to the date that possession is <br /> taken by public authority, and LESSOR shall make an equitable refund of <br /> any rent paid by LESSEE in advance. All other consideration payable <br /> by LESSEE under this Agreement shall be prorated by LESSOR to date of <br /> change of such possession. LESSEE shall not be entitled to and <br /> expressly waives all claims to any condemnation award for any taking, <br /> whether whole or partial, and whether for diminution in <br /> value of the leasehold or the fee, although LESSEE shall have <br /> the right, to the extent that the same shall not reduce LESSOR1S <br /> award, to claim from the condemnor, but not from LESSOR, such <br /> compensation as may be recoverable by LESSEE in its own right for <br /> damage to LESSEE'S business and fixtures. <br /> XIII. <br /> LESSOR reserves the right to take any action it consi(jers <br /> necessary to protect the aerial approaches of the Airport against <br /> obstructions and additionally to limit the LESSEE from erecting or <br /> permitting to be erected any building or structure on the Airport and <br /> on the leased premises that would limit the usefulness of the Airport <br /> in LESSOR1S opinion or that would constitute a hazard to aircraft. <br /> LESSOR reserves the right to further develop the Airport as it <br /> sees fit regardless of the desires of the LESSEE, and \.¡i thou t any <br /> hindrance or interference from LESSEE. <br /> LESSOR reserves the right to operate the Airport in accordance with <br /> the obligation to the federal or state government under any of the <br /> agreements for which aid for development was granted; provided, <br /> however, if such operation restricts the operations of LESSEE on the <br />
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