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DOC #2021-0410929 Page 2 of 27 <br />1 2 Absence of Warranties. Except as may be specifically set forth in this Lease, both <br />Parties acknowledge and agree that neither Party has made, nor has either Party relied upon, any <br />representation or warranty by the other Party regarding the permitted use, the effect of any <br />apphcable laws or restnctions, the physical condition, or any other aspect of the Property <br />ARTICLE 2 <br />TERM <br />2 1 Term The term of this Lease shall commence on its Effective Date, and expire on <br />April 30, 2029, subject, however, to earlier termination as hereinafter provided <br />ARTICLE 3 <br />USE AND COMPLIANCE WITH LAWS <br />3 1 Use The use herein granted is for pnvate storage and/or mamtenance of aircraft <br />owned or leased by Tenant and, with pnor wntten approval by City, an aviation related business <br />This approval by City for a proposed aviation related business by Tenant cannot be unreasonably <br />withheld An aviation related business is defined as a business that provides service to an aircraft <br />or provides a product that becomes part of an aircraft No other activity shall be conducted by <br />Tenant without advance written approval by City <br />3 2 FAA Regulations Applicable. It is understood and agreed by Tenant that City, by <br />accepting federal aid for the development of the Airport, agreed in wntmg to comply with Federal <br />Aviation Administration ("FAA") regulations concernmg any agreements, contracts, leases, or <br />other privileges given in connection with the Airport Applicable FAA Regulations are deemed <br />incorporated herein In addition to the FAA Regulations to which City agreed, City has reserves <br />for itself the following nghts <br />A Aeronautical Uses <br />(1) The right to further develop or improve the landing area of the Airport as it <br />may find necessary in City's sole discretion, regardless of the desires or view of Tenant and without <br />interference or hindrance, and <br />(2) The nght, but not being obligated to Tenant, to maintam and keep in repair <br />the landing area of the Airport and all publicly -owned facilities of the Airport, together with the <br />nght to direct and control all activities of Tenant with regard to all publicly -owned facilities, and <br />(3) The nght to keep this Lease subordinate to the provisions and requirements <br />of any existing or future grant agreements between City and the United States or any existing or <br />future FAA Regulations relative to the development, operation or maintenance of the Airport <br />B Non -Aeronautical Uses. <br />(1) That there is hereby reserved to City, and its successors and assigns, for the <br />use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the <br />surface of the Property, together with the nght to cause m said airspace such noise as may be <br />2 <br />L.\ca\dim\Agreements\Enc Paul Auport Ground Subleasc 9 7 21.do x jn <br />