HomeMy WebLinkAboutOrdinance 1859 N.C.S. 07/01/1991E~ ~~°~°~~E ATE
QIiG ' 1992 °'~'~
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®ItDINANCE N®. 1859
Introduced by Councilmember
NanckRead
Seconded by Councilmember
AN ORDINANCE AUTII®RIZING A LEASE ®F REAL. PR®PERTY
L®CATEI) ®VIT~IIN TIE PETALUMA MUNICIPAL AIRP®RT COMPLEX
JAMES MARKEL AND ASSOCIATES
14 BE IT ORDAINED BY the Council of the City of Petaluma as follows:
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16 Section 1. Certain real property located within the Petaluma Municipal Airport
17 complex in the City of Petaluma, County of Sonoma, State of California is hereby
18 authorized to be leased under the terms and conditions set forth in the lease by and
19 between the City of Petaluma and James Markel & Associates, Inc. which Lease is
20 attached hereto as Exhibit A and incorporated herein by reference and the City Manager is
21 hereby authorized to sign said Lease which is for an aircraft .sales and aviation services
22 business related to airport and airplane necessities.
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24 Section 2. The City Clerk be, and she is hereby directed to publish this ordinance
25 .for the period and in the manner as required by the City Charter.
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27 .INTRODUCED and ordered posted/published this 17th day of June ,
28 1991.
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30 ADOPTED this 1st day of July , 1991 by the following vote:
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33 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey
34 NOES: p
35 ABSENT: Sobel ABSTAIN: Mayor Hillig s ,
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38 Mayor
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40 ;'
41 ATTEST ~ APPROVED:
42 ~ ~Ld.~/ ~~ ~~/sd --
43 _~~ ~ ~'
44 City Clerk City Attorney
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47 c: \word5 \ord.doc
48 fmk\6/13/91
Ord. 1859 N.C.S.
LEASE AGREEMENT
PETALUMA MUNICIPAL AIRPORT
THIS LEASE AGREEMENT, made and entered into as of the 17th day of June ,
1991, by and between the CITY OF PETALUMA, a political subdivision of the State of
California, hereinafter referred to as "Lessor" and JAMES MARKEL & ASSOCIATES,
INC., a California corporation, hereinafter referred to as "Lessee";
WITNESSETH
WHEREAS, the Lessor herein is a .political subdivision duly organized and operating
under the laws of the State of California, and owns all that certain real property
located at the .Petaluma Municipal Airport, Petaluma, California, a city airport,
hereinafter referred :to as "Airport";
WHEREAS, Lessor deems it advantageous to itself and the operation of the Airport to
lease unto Lessee a certain parcel of land described herein, together with certain
privileges, right, uses, and interest therein, as hereinafter set forth;
WHEREAS, Lessee proposes to lease a ground area of b0,000 square feet more or less
for "AIRCRAFT SALES AND AVIATION SERVICES";
WHEREAS, Lessee has indicated a willingness and ability to properly keep and maintain
and improve the leased. ground in accordance with standards established by Lessor; and
WHEREAS, Lessee desires to obtain and avail itself of the privileges, right, uses and
interest therein and herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. TERM
Lessor, for and in consideration of all the covenants, conditions, and agreements to
be set forth hereinafter to be kept and performed by Lessee and by Lessor, does
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XI I' '
hereby lease ,unto ,Lessee, on all the conditions, covenants, terms and agreements
hereinafter set forth,, those certain premises described in Exhibit 'A', which is
. attached hereto, .marked ~ as such and incorporated herein; for a term of thirty-eight
(38) years, commencing upon Lessee's `beneficial occupancy, defined as the first day
of the first .month following completion of the taxiway leading to the premises, and
ending on the last day of the 456th month thereafter.
2. RENTAL
Lessee shall pay to lessor a rental in accordance. with the following provisions:
(a) The base .ground rental. for the premises, as ~ described in Exhibit 'A' shall be
as follows:
Year One: $.200 per square foot per year
Year Two.: $.21$ per square foot per year
Year Three: $:236' per square foot per year.
Year Four: $.254 per square foot per year
Year Five: $.276 per.square foot per year
The rental .rate for the sixth and subsequent; years of the lease term shall be
computed. at the commencement of each successive year period at the rental
rate applicable for the .immediately preceding year adjusted for an increase in
the Bureau of Labor Statistics Cost. of Living Index -San Francisco -Oakland
all items for the preceding year. The maximum adjustment in any one year
shall not exeeed~ eight percent :(8%).
Prior to beneficial -occupancy as defined above in Section 1, Lessee; shall 'pay to
Lessor 2U% of the Year One base ground rental for the period commencing on
the first day ,of the first .month following Certificate of Occupancy, and ending
on the last day 'of the last month prior to completion of the taxiway leading to
the :,premises. Thereafter rent shall be 100% of the amount as set forth in
Se;etion 2 (a).
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(b) The base. ground rent shall be payable, in .advance, in equal installments or
1/12 of the specified annual rental, by the first day of each and every month
during. the .term of this lease and any extension thereof. In the event such
payment is not made within five (5) days of the due date, i.e., by the first day
of each and every month, there shall be a penalty of six percent (6%) of the
amount due and owing, which penalty shall become part of that month's rental
payment.
Furthermore, and in addition thereto, any :amount of rental payment and
penalties unpaid after thirty (30) days ,shall have a one and one-half percent (1
1/2%) interest charge: on the unpaid amounts, which .interest shall likewise
become part of the rental payment.
3. OFF SITE IMPROVEMENT
Lessee shall have no responsibility for the construction of any improvements to
any site not contained within the leased premises. Lessor shall set the necessary
boundary monuments and .grade stakes on the lease premises. Lessor shall provide a
paved taxiway, or ramp to the leased premises of adequate width to permit access
to said premises by taxiing aircraft.
4.ON SITE IMPROVEMENT REQUIREMENTS
The Lessee shall be required to construct on said property a building in. conformity
with all applicable laws,. ordinances, rules and regulations containing an initial floor
area of not less than S,U00 square feet of hangar: and aviation-related office space.
The building shall tie a metal structure as approved by the SPARC of the City of
Petaluma. Lessee shall complete said improvements by the beneficial occupancy date
defined in paragraph 1, otherwise this lease shall be null and void and of no
further force or effect.
5. UTILITIES
Lessee shall pay for all water, sanitary sewage, gas service, electric power,
telephone ,service; and all other services supplied to the said premises by Lessor, or
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any public .utility; and. shall ;pay all costs, for the installation and connection and
such services from: the site or boundary line thereof. Lessor agrees to make
available;- utilities;. electric, gas, water, sewer, telephone to the site or boundary line `~
of the lease premises within a reasonable time following execution of the
Agreement.
6. -USE OF' PREMISES
The lease premises shall be used as follows:
(a) Aircraft Sales and`Aviation Services
(b) Common Facilities
Lessee and/or Sublessee shall have the right to access to and use of facilities
at airport designed for common use, such as landing area, aprons, taxiways,:
~ flood lights, landing lights, beacons, navigational. -aids, tower communication,
public address systems, and other common use facilities supplied by Lessor •for
convenience and accommodation in operation, landings, and. take off of aircraft.
The rights herein extended Ito Lessee shall be inclusive of the rights to land,
take off, taxi; tow, load, or unload aircraft.
7. OPERATION OF AVIATION BUSINESS BY LESSEE
Conditions:
(a) This. lease shall be subordinate and subject to the Grant Agreement,.. by an_d .
between the United States of America, Federal. Aviation Agency, and Lessor;
and subsequent grants and agreements.
(b) The. Lessee agrees to make their services available to the public' without unjust
discrimination and to refrain from imposing or levying excessive discriminatory
or otherwise unreasonable charges or .fees for use of said facilities, provided;
however, the Lessee may .refuse service to any person or persons .for justifiable
cause; without discrimination by virtue of race, color, sex, age or creed.
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(c) Public Services
Lessee shall provide comprehensive public services, including, but not limited to,
:the acquisition, sale, and improvement .of aircraft.
(d) Hours of Operation
Lessee shall publish a schedule setting forth the .hours of operation. Such
schedule to be approved by the Airport Commission.
(e) The airport manager shall investigate all complaints against Lessee by members
of the public. If he finds. that the complaint is justified, he may direct Lessee
to take such reasonable action as he believes necessary to rectify the complaint
or prevent its recurrence. If Lessee is aggrieved by any such directive, he may
appeal therefrom to the City of Petaluma Airport Commission, whose decision
shall be appealable to the Petaluma City Council, whose decision shall be final.
8. SURETY BOND
Prior to the commencement of construction hereunder, Lessee, at its sole cost and
expense, shall furnish the Lessor a surety bond of an admitted surety company
licensed to transact business in the State of California satisfactory to Lessee, in a
sum not less that. one hundred percent (100%) of the total estimated cost of the
construction contract, guaranteeing the payment for all labor, material, provision,
supplies and equipment used in, upon, for, or about the performance of any
construction work or labor done thereon of any kind whatsoever as proposed by
Lessee and. protecting Lessor, its officers, boards, commissions, employees, and
agents from any liability, losses, or damages arising therefrom. Lessee shall' also
provide Lessor a similar surety bond. in the amount equal to the estimated cost of
the said construction of the improvements, guaranteeing faithful performance of said
construction contracts.
If Lessee obtains from its contractor or contractors such bond or bonds in like
amount: which are satisfactory to the Lessor, the Lessor, upon application by
Lessee's principal and upon naming the Lessor as an additional obligee of Lessee's
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principal and surety under such bond or bonds, will release Lessee from and consent
to the cancellation of. the bond. or bonds originally furnished by Lessee.
9. MAINTENANCE AND REPAIRS
Lessee shall, at his sole cost and expense, keep and maintain said premises and
appurtenances, and every part. thereof, in good and sanitary order, condition and
repair, and :hereby waives all .right to make repairs at the expense of Lessor as
provided in .Section 1942, et seq., of the Civil Code of the State of California.
Any failure to maintain or make said repairs upon being notified by Lessor shall
constitute a default by Lessee.
10. AL'T'ERATIONS AND ADDITIONS
Subsequent to completion of the improvements and facilities as herein agreed to,
Lessee shall not make any alterations to the exterior thereof or erect any
additional structures or improvements on the- leased premises without prior written
consent of Lessor. Any such exterior alterations or additions approved by Lessor
shall be constructed at the sole expense of Lessee.
11. SIGNS
Lessee shall be privileged to erect such signs and advertising media as comply with
applicable City of Petaluma ordinances and to place the same upon the
improvement to be erected pursuant hereto. The text, color, and design of all
signs shall be subject to the prior approval of Lessor.
12. UNLAWFUL USE
No building, structure, or improvement of any kind shall be erected, placed upon,
operated,,. or maintained on the leased premises, nor shall any business or operation
be conducted ~or carried on therein or thereon in violation of any ordinance, law,
statute, order, or rule or any government agency having jurisdiction thereover, nor
shall any. use be made of the leased premises which has not been specifically
allowed.
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13. WASTE, QUIET CONDUCT
Lessee shall not commit, or' suffer to be committed,. any waste upon said premises,
or any :nuisance or other act or -thing which may disturb. the quiet enjoyment of
the use of `the .surrounding airport property.
14. RULES'; REGULATIONS, POLICIES AND STANDARDS
Lessee agrees to observe and obey all rules and regulations promulgated and
enforced by Lessor or any other .appropriate. authority having jurisdiction over the
Airport during the term of this lease. Lessee further agrees to be bound by the
"Lease .Policy .and Standards. for Services and Operations at Petaluma Municipal
Airport" dated. October 30; 1984 which Policies and Standards., are attached hereto
as Exhibit 'B' and incorporated by reference.
15. INSURANCE ..
Lessee agrees to procure and maintain at its own. cost and expense, and at all
times during the term of this lease, comprehensive liability insurance naming
Lessor, its officers; boards,. commissions, employees and agents as additional
insureds in the following amounts: property damage, $250,000.00; Bodily .Injury,
$1,000,OODUO per person; and $1,000,000.00 per occurrence.
Evidence of such. insurance shall be provided by Lessee by filing with the Lessor a
copy of the policy or policies,;, together with 'a duly executed certificate of the
insurer to the effect that the insurance required ~by this lease is in force and
effect. :Said policy or policies. or certificates shall contain a provision that written
notice of cancellation or any material change. shall be delivered 'to the Lessor ten-
(10) days ;in advance of the effective date thereof. Lessee shall also. seeure and
maintain fire and extended coverage insurance on the buildings and structures to be .
erected by Lessee as apart. of the aviation operation created by this Lease
Agreement. Said insurance coverage shall be to the full insurable value of the ,
structures and buildings and contents as erected and placed upon the lease ,premises,
and shall. name Lessor as an additional insured. Lessee further agrees that in the
event of 'any fire or partial or complete destruction of the structures erected by
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Lessee, any proceeds of insurance received by Lessee shall. be held in trust and
utilized solely in the replacement, reconstruction, or repair of the damaged or
destroyed improvements.
16. TAXES
Lessee agrees to pay promptly all taxes and assessments related to items of
property including both real and personal property within the purview of this
lease, which may be levied or assessed upon said properties leased or owned by
Lessee, as Lessee's interest may appear when the said taxes and assessments
become due and- payable during the occupancy of the lease premises under any levy
or assessment by County, City or other legally authorized governmental authority.
17. INSPECTION AND NOTICE
Insofar as it may be necessary for the protection of the Lessor's rights, the Lessor
or its agents shall at any and all reasonable times, and upon reasonable notice .to
Lessee, have the right to go upon and .inspect the land and premises hereby leased
and any structure or improvement. erected or constructed, or in the course of being
erected or constructed, repaired, added to, rebuilt, or restored thereon.
18. ASSIGNMENT OR SUBLETTING
It is agreed that Lessee is authorized to sublet the leased premises to a Sublessee,
subject to the terms and conditions of this lease. Any such sublease shall be
subject to the written approval of Lessor, which. approval shall not be unreasonably
withheld. It is further agreed that Lessee is authorized to sublet a portion of the
premises to an independent contractor for the purpose of assisting Lessee in the
full utilization of the services as described herein; provided, however, that upon
Lessee's electing to sublet to .any independent contractor for such allowed. use or
uses, Lessee shall notify Lessor of such subletting and shall specify in such sublease
and other agreements entered into by Lessee and the independent contractor that
they :shall be subject to the terms .and conditions of this lease. Signed copies of all
such subleases and%or agreements shall be furnished to Lessor upon execution.
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19. IMPROVEMENTS
It is agreed that all improvements constructed by Lessee shall be deemed personal
property while this .lease is 'in effect and `that Lessee shall. have legal title to said
improvements while the ,lease is in effect, but Lessor' shall have a lien thereon to
secure faithful performance of Lessee's obligations under the approval of the Lessor.
Lessors lien shall be subordinate to a security instrument, approved by Lessor, and
.held. by any recognized lending institution but shall not be subordinated to any
other :encumbrance of ariy kind. Said security instrument shall not provide for
removal of said improvements.
20. INSOLVENCY, ETC.
If the Lessee . be adjudicated as bankrupt or become insolvent, or if possession .of
any interest in the leased .premises shall be taken by virtue of any attachment,
execution, ~ or receivership, the Lessor may, at its election, unless such bankruptcy
proceedings be terminated in favor of Lessee and such insolvency be cured or, such
possession regained within ninety (90) days thereafter,. immediately terminate this
Lease: by service of notice to such effect upon Lessee in any manner provided` by
law.
21. LENDER
Notwithstanding anything to the contrary contained in this .lease, it is understood
and agreed. that Lessee may, without the consent of Lessor, assign, transfer,
mortgage or encumber Lessee's interest under this lease and leasehold estate
created, to a lender ;on' the security of the leasehold estate for the sole propose, of
providing security' for the repayment of a loan or loans made and. used to finance
the construction of substantial improvements by Lessee upon the leased premises and
Lessee may execute any and all instruments in connection therewith necessary and
proper to complete any such loan and perfect the security therefor as ~ may be.
required by such lender. Any such lender shall have the right at any time during
the Germ hereof and while this lease. is in full force and. effect;
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(a) To do any act or thing required of Lessee hereunder and all such acts or things
done .hereunder shall be as effective to prevent a forfeiture of Lessee's rights
hereunder as if done by Lessee;
(b) To realize on the security of the leasehold estate and to acquire and succeed to
the interest of the Lessee hereunder by foreclosure or by a deed of assignment
given in lieu of foreclosure and thereafter at such lender's option to convey or
assign the interest or title to this leasehold estate to any other person subject
to the terms, conditions and covenants of this lease; and
(c) To cure, within sixty (60) days after notice of default by Lessee under the
terms of this lease.
A copy of any security devices or other instruments shall be filed with Lessor
prior to the effective date thereof and the Lessee shall give Lessor prior written
notice. of changes thereto:
22. FIRST RIGHT OF .REFUSAL
Lessee shall have the first right to renew this lease at the beginning of the
thirty-seventh year, which right may be exercised by providing written notice
thereof to Lessor no sooner than 12 months and no later that one hundred and
eighty (180) days prior to 'the last day of this lease. Provided Lessee furnishes
such notice to Lessor within the aforementioned .time period, a new lease shall be
negotiated and effective. as of the end of this lease, otherwise Lessor shall have the
right to negotiate a lease with any other party or not lease the premises at all.
In consideration for executing and complying with the terms of this lease, Lessee
shall have the first right to negotiate with Lessor for the additional lease of any or
all ~ of the vacant parcel to the Northeast ~ of, and immediately adjacent to, the
premises described in this lease. Should Lessee fail to respond or fail to reach a
mutually acceptable ,agreement with Lessor within 30 days from the date Lessor
notifies Lessee it intends to lease the adjacent parcel to a third party or consign it
to other purposes, this .provision shall be null and void and of no further force or
effect.
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23. ~ SIJRRBNDER OF POSSESSION
At the ;expiration of the .leasehold term, '.Lessee agrees to yield and deliver to
Lessor the possession of the leased premises and all buildings, fixtures, physical
improvements and appurtenances .erected by Lessee pursuant to paragraph 4 hereof,
in good .condition, normal wear and tear excepted.
24. DEFAULT
In the event of default. by Lessee in the performance of any of the terms,
covenants, or conditions hereof, including the failure to pay rent, Lessor shall
make written demand by registered mail upon Lessee to remedy said default and,
if, thereafter, Lessee remains in default for sixty (60) days, Lessor, by and through
its Airport Manager, shall ..have the right to take immediate possession ~ of said
premises. During said sixty '(60) day period Lessee may appeal to the Petaluma City
Council and request consideration of any circumstances claimed to cause such
default, provided that any .such. circumstances shall not be deemed to be a waiver of
such default, in the event the City Council extends the aforesaid sixty (60) day
period.
No waiver of Lessor or default by Lessee of any of the terms, covenants, or
conditions hereof to be performed, kept, or observed by Lessee shall be construed
to be or act as waiver by Lessor of any subsequent default of any of the terms,
covenants, and conditions herein .contained to be performed, kept, and observed by
Lessee.
25. RESERVATION AS TO NAVIGATIONAL AID
Lessor reserves the right during the term of this lease, or any renewal and/or
extension thereof, to install air navigational aids, including lighting, in, on, over,
under; and across the lease. premises. In the exercise of any of the rights hereof,
Lessor agrees- to give Lessee not less .than ninety (90) days written notice of its
intention to install such air navigational aids. If the Lessee's enjoyment of the
premises under this .lease, is substantially interfered with by any such installation,
the Lessee's rent shall be reduced in proportion to ..such interference.
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26. INDEMNITY .
Lessee hereby covenants and agrees to, and shall, indemnify, save harmless and
defend, the Lessor, its agents, officers and/or employees against all claims,
demands, costs, and li_abiliYes which may be made against Lessor by reason of or
arising from anything done, per-formed,. or committed to be done. or performed on
the lease premises by the Lessee or ,arising out of Lessee's performance of its
obligations pursuant to this agreement. However, this indemnity does not extend
to any loss, damage or expense arising out of the sole negligence or willful
misconduct of the Lessor, its agents, employees or officers.
27. EMINENT DOMAIN
It is expressly agreed by Lessor and ~ Lessee that in the event eminent- domain
proceedings are undertaken by any- governmental agency affecting the. whole of the
Airport, or any- part thereof, which would adversely affect Lessee's interest hereby
Lessee shall be entitled to compensation by virtue thereof, consistent with current
eminent domain -laws and appraisal procedures.
28. NATIONAL EMERGENCY
In the event. that a national emergency or a declaration by Federal, State or
County Government causes. a .drastic curtailment of civilian aviation activities,
Lessee shall be entitled to submit a request for reduction in the lease rental rate.
Lessee_-shall be entitled to present facts and data. ~to show that such a curtailment
has taken place and that the cur-tailment has seriously affected Lessee's utilization
of the Tease premises. If such facts and data indicate that a .reduction in ..lease
rent is warranted, then Lessor and Lessee shall' agree to negotiate a reduction in
the rental rate during, the period of curtailment.
29. NOTICES
Any and` all notices to be given under this lease, or otherwise, may be served by
:enclosing the same °in a sealed envelope- addressed to the party intended to receive
the same, at its- addr`"ess and. deposited in the United States Post. Office as
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registered mail with postage. prepaid. When so given,. such notice shall be effective
from the ~ date of the .mailing` of the same. For the propose thereof, unless
otherwise provded_in writing. by the parties hereto, the address of the Lessor, and
the proper party'to receive any such notices on its behalf is:
City Clerk
City of Petaluma
11 English Street
Petaluma, California 94952
and. the address of the Lessee is:
James Markel & Associates, Inc.
1000 Fourth Street, Suite 440
San Rafael,. California 94901
(Until- address is established at airport)
30. NONDISCRIMINATION
(a) Lessee and/or Sublessee for himself, his heirs, personal representatives,
successors in interest. and assigns, as a part of the consideration hereof, does
hereby covenant :and agree as a covenant running with the land that in the
event the facilities are constructed, maintained or otherwise operated on said
property :described in this , lease for a purpose for which a Department of
Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the Lessee and/or Sublessee shall
maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 Code of Federal Regulations Part 21,
Noridiscriminatibn in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
(b) The Lessee and/or Sublessee for himself, his personal representatives, successors
in interest and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that: (a) no person on
the grounds of race, color or national. origin shall be excluded from
participation iii, denied the benefits of, or be otherwise subjected to
discrimination ~ in the use of said facilities, (b) that in the construction of any
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. ~ improvements on, over or under such land and the furnishing of services
thereon, no :person on the: ~gounds of race, color or national origin shall be
excluded from participation 'in, denied the, benefits or, or otherwise be subjected
. to discrimination, and (cj that the Lessee and/or Sublessee shall use the
premises in compliance with. all other requirements imposed by or pursuant to 49
Code, of Federal Regulations Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation, and as said Regulations may be
' amended.
31. INVALID PROVISIONS, SEVERABILITY
It is expressly understood :and_ agreed by and :between the parties hereto that in
the event any covenant,. condition, or provision coritaned herein is invalidated by 'a
court of competent jurisdiction, the invalidity of :any such covenant, condition or
provision shall not. ,invalidate any other coverant, condition, or provision ~of this
Agreement, ,provided, however, that the invalidity, of any .such covenant, condition,
or provision shall not materially prejudice either the Lessor or the Lessee in their "~
respective rights and obligations contained in the valid covenants, conditions, -and
provisions of this Agreement. '
32. RENEGOTIATION
Lessor .reserves the right to enter into other. leases with other aircraft. sales and
aviation services organizations on the Airport during this lease or any extension
thereof, provided, that Lessee shall have the right to renegotiate any term. or
provision of this lease which with respect to the matters specified in Paragraphs 2,
5, 6 .and ,16, hereof, unduly or unreasonably restricts Lessee's competitive, position in
regard to such other .Lessees for aircraft sales and aviation services on the Airport
shall not be deemed in and of itself ~ as sufficient reason to renegotiate. any term or
' provision of this Lease.
33. BINDING OF SUCCESSORS
` The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executor, administrators, and assigns of all the parties hereto.
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34. TIME
Time is of the essence in this lease.
35. ATTORNEYS' FEES
In the event .either party hereto shall commence any legal action or proceeding by
reason of the alleged failure of the other to perform or keep any term, covenant
or condition. of this agreement by it to -be performed or kept, the party prevailing
in said action or proceeding shall be entitled to recover, in addition to its costs of
suit, reasonable attorney's fees .as fixed by the Court.
IN WITNESS WHEREOF, the parties hereto have: set their hand the day and year first
above written.
PETAI~A (LESSOR}
Q
sk Manager
By:
Scharer., City Manager
-MES MARKEL & ASSOCIATES, INC. (LESSEE)
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may:
ames E. Markel, .President
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