1997-10-20 Special Called Regular and Workshop Meeting of City Council

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e e 5. The Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion. of the Lessor would limit the usefulness of the Airport or constitute a hazard to aircraft. 6. During time of war or national emergency Lessor shall have the right to enter into an agreement with the unites states Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities of the Airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 7. This Agreement shall be subordinate to the provisions of any outstanding agreement between Lessor and the united states relative to the maintenance, operation or development of the Airport~ 8. It is understood and agreed that the rights granted by this Agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. 9. There is hereby reserved to the Lessor, its successors and assigns, for the use and benefit. of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of our flight in the air, using said airspace for landing at, taking off from, or operating on or about the Airport. ARTICLE VI - IMPROVEMENTS AND MAINTENANCE 1. Lessee agrees that construction of all facilities, improvements or appurtenances on or in connection with the Lease Premises is prohibited without the express written consent of the Lessor'before commencement of said construction. All facilit~es, improvements, or appurtenances proposed for construction shall comply with all existing applicable codes, ordinances, laws and regulations relating thereto. Lessee agrees to adhere to the ~essee's Construction Schedule attached hereto as Exhibit "D", and made a part of this Agreement for all purposes. Failure of Lessee to adhere to Lessee's Construction Schedule shall be the penalties as shown on said Schedule. 2. (Purposely Deleted) 3. The Lessee agrees that no obstruction to air navigation as such are defined from time to time by application of the criteria of Part 77 'of the Federal Aviation Regulations or subsequent and additional regulations of the Federal Aviation Administration will 8