|
5.5 Billboards and Signs. Tenant shall not construct, install, maintain, nor allow upon the
<br />Hangar any billboards, signs, banners or like displays which may be placed in or upon any building or
<br />structure in such manner as to be visible from the outside thereof, except with the prior written consent of
<br />City.
<br />5.6 Waste: Nuisance. Tenant shall not use the Hangar in any manner that will constitute
<br />waste, nuisance or unreasonable annoyance to owners or occupants of adjacent properties. Tenant shall not
<br />use the Hangar for sleeping, washing clothes, cooking or the preparation of food, manufacture or mixing of
<br />anything that might emit any odor or objectionable noises or lights onto adjacent properties. Tenant shall
<br />not do anything on the Hangar that will cause damage to the Hangar.
<br />5.7 Access: Locks: Keys: Combinations: Tenant shall comply with all reasonable
<br />regulations and directives of City regarding access to the Hangar. City may enter the Hangar without
<br />permission of, or supervision by, Tenant for inspection or emergency purposes (i.e. lire, burglary, flooding,
<br />criminal activity, or other catastrophe) determined reasonably necessary by City or required by law,
<br />including but not limited to five-year fire sprinkler inspections, maintenance work that requires entrance by
<br />City, or any other reason to lawfully enter the Hangar. City shall subsequently notify Tenant of any entry
<br />for emergency purposes and the reason for the entry if the Tenant was unable to supervise such entry. City
<br />reserves the right to limit Tenant's access to the Airport or the Hangar, or both, due to any terrorist threat,
<br />civil unrest, any unsafe condition, or for the safety and protection of persons and property. City shall not be
<br />responsible for Tenant's inability to access the Airport or the Hangar due to events or acts beyond the control
<br />of City. Tenant shall utilize City furnished set of locks for securing the Hangar if available. If unavailable,
<br />Tenant shall furnish City's Airport Manager with a duplicate set of keys or lock combination for the locks
<br />securing the Hangar. City shall secure keys and lock combinations from access or exposure by unauthorized
<br />individuals and will notify Tenant immediately in the event of any compromise of keys and lock
<br />combinations. If utilizing City provided locks, the Tenant shall notify the City immediately in the event of
<br />any compromise of keys and lock combinations. The City shall only be liable to Tenant for damage resulting
<br />from gross negligence in accessing Hangar.
<br />5.8 Requests from Department. Tenant shall cooperate with any reasonable request from
<br />the City's Facilities & Community Services Department Director, or their designee, regarding use or
<br />operations at the Airport.
<br />6. MAINTENANCE ALTERATIONS.
<br />6.1 As -Is Condition. Tenant hereby acknowledges that neither City nor anyone acting
<br />for or on behalf of City, has made any representation, warranty or promise to Tenant concerning the physical
<br />aspects or condition of the Hangar or improvements, the feasibility, desirability or convertibility of the
<br />Hangar into any particular use, the conditions of the soil, ground water, or surface waters or the presence or
<br />absence of any toxic waste or hazardous substances or material, and that by entering into this Agreement
<br />has not relied on any representation, statement or warranty of City, or anyone acting for or on behalf of City,
<br />and that all matters concerning the Hangar shall be independently verified by Tenant, and that Tenant shall
<br />rent the Hangar on Tenant's own examination thereof, AND THAT TENANT IS LEASING THE HANGAR
<br />IN "AS IS" PHYSICAL CONDITION AND "AS IS" STATE OF REPAIR. Tenant hereby waives, and City
<br />hereby disclaims all warranties of any or kind of description, including, without limitation, those of fitness
<br />for particular purpose, tenant ability, habitability and use. Tenant hereby expressly waives all claims for
<br />damages or for rescission or cancellation of the Agreement because of any representations made by City or
<br />by any agent of City. Tenant acknowledges that it has had sufficient time to conduct all inspections, reviews
<br />and studies of the Hangar that Tenant may deem necessary. Tenant hereby expressly assumes the risk that
<br />GREG BATLA HANGAR #22 LEASE AGREEMENT
<br />
|