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ORDINANCE No. I AN ORDINANCE providing for the execution of a Lease Agreement with the City of Blair and the Blair Airport Authority, providing for a helicopter hangar facility to be located at the Blair Airport in Washington County, to provide for execution of this Lease for a ten-year period in accord with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to approve payments from appropriations of more than one fiscal year; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the Lease Agreement with the City of Blair and the Blair Airport Authority, providing a location for a helicopter hangar facility for the Omaha Police Department Air Support Unit, located at the Blair Airport in Washington County, is approved. Section 2. That this Lease is entered into upon execution as herein prescribed, and shall have a term of ten years commencing on the first day of the month that the City takes possession of the hangar, as authorized in Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended. Section 3. That payment to the Blair Airport Authority for the design fee and construction/remodeling costs will be paid from 2018 Public Facilities Bond Fund 13247, Organization 117515, Capital Improvement Project 2019F307. Section 4. That annual payments for this Lease Agreement shall be paid from the Omaha Police Department General Fund 11111, Organization 113182 Air Support Unit, Account 42451 Rent Land, Buildings Improvement. ORDINANCE NO. Page 2 Section 5. That this Ordinance, being not of a legislative character, shall be in full force and take effect immediately upon passage under and by virtue of the authority granted by Section 2.12 of the Home Rule Charter of the City.of Omaha, 1956, as amended. INTRODUCED BY COUNCILMEMBER PASSED 0V 0 6 2018 ATTEST: TWE CITY OF OMAHA S:\OPD\1679ddr APPROVED - MAYOR OF THE CITY OF OMAHA APPROVED AS TO FORM: /L bEPUTIY CITY ATTORNEY BLAIR AIRPORT AUTHORITY LEASE OF LAND THIS LEASE is made and entered into this & day of k) ",JXr 2018, by and between City of Blair and City of Blair Airport Authority (hereinafter collectively referred to as "AUTHORITY"), and the City of Omaha, Omaha Police Department (hereinafter referred to as "TENANT"). WITNESSETH: WHEREAS, AUTHORITY is the owner of a certain tract of land and a hangar more particularly described hereinafter, which tract and hangar are located at the Blair Municipal Airport located in Washington County (hereinafter referred to as the "AIRPORT"); and WHEREAS, AUTHORITY desires to lease said tract to TENANT and TENANT desires to undertake the lease of said tract and property under the terms and conditions hereinafter set forth for the purpose of leasing and remodeling thereon the Blair City Airport Hangar, 2785 State Highway, 133, Suite #I, for storage of aircraft. WHEREAS, AUTHORITY desires that this lease be subordinate to the provisions of any existing or future agreement between AUTHORITY and the United States of America or any agency thereof relative to the operation, development or maintenance of the AIRPORT, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the AIRPORT. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants and obligations hereinafter stated, the parties mutually agree as follows, to -wit: ARTICLE I - TERM OF LEASE 1.1 ORIGINAL LEASE TERM. The term of this Lease shall be for a period of Ten (10) years commencing on the 111 day of the month that the City takes possession of the hangar, (referred to herein as the "Commencement Date") which is contingent on the following requirements being met: (a) all contingencies set forth in Paragraph 1.3 have been satisfied or waived, and (b) AUTHORITY has accepted bids for the remodeling construction of the aircraft hangar on the Premises as contemplated by the parties, which ten (10) year term is subject to extension as set forth in Paragraph 1.2 below (such term, as the same may be extended pursuant to Paragraph 1.2 below, herein referred to as the "Term"). 1.2 RENEWAL LEASE TERMS. TENANT and AUTHORITY may mutually agree to renew this Lease for up to two (2) additional five (5) year terms by submitting a written notice of r intent to exercise renewal at least ninety (90) days prior to the end of the then current lease term. Rent shall be determined in accordance with Paragraph 2.3 below. The Blair Airport Authority shall retain ownership of the land and hangar, including any improvements that TENANT is leasing on the Premises, on expiration of the Lease. 1.3 CONTINGENCIES. A. Contingencies. The obligations of TENANT hereunder are contingent upon the satisfaction of each of the following contingencies: 1. Design Fee. The TENANT shall pay $40,000.00 (Forty Thousand Dollars) to the AUTHORITY, upon full execution of this agreement by all parties, for the design fee incurred due to the renovations desired by the TENANT. Said Forty Thousand Dollars ($40,000.00) shall represent the costs expected to be incurred by the AUTHORITY on the behalf of the TENANT. Both parties agree and acknowledge that the Forty Thousand Dollars ($40,000.00) is non-refundable, and shall be paid regardless if the TENANT continues with Construction after bids are received. If the TENANT determines after bids are received that the construction costs are not feasible, no additional costs beyond the Design Fee of Forty Thousand Dollars ($40,000.00) shall be due and owing to the AUTHORITY or under this AGREEMENT. 2. Financing. TENANT understands and agrees that the AUTHORITY must secure Bonds for Financing Purposes and if the AUTHORITY is unable to secure Bonds for Financing Purposes, the TENANT is responsible for securing its own financing for purposes of this Agreement. If the AUTHORITY is unable to secure bonds, it shall immediately notify said TENANT. After Bids are received by the AUTHORITY, the TENANT must sign off on proceeding to any construction / remodeling on the hangar. The TENANT must reimburse the i AUTHORITY for the following construction/ remodeling costs upon invoice from the AUTHORITY: a. All engineering costs, including but not limited to: design, bidding, construction management, and specialty inspections for code; b. All building permit fees including County, City, and Fire Marshal; f N r , c. Utility upgrades to the Electrical System; d. Connection charges for connection to Rural Water, Electric, and Phone (fiber optics); e. All Construction and/or Remodeling Costs; f. All Interim Construction Finance; 3. Construction Costs. The parties agree to the Construction Costs being financed by the AUTHORITY, if the AUTHORITY secures the requisite bonds for financing purposes. Before AUTHORITY shall commence accepting bids or signing construction contracts, the TENANT shall acknowledge, in writing, authority to proceed with said bids and contracts. The TENANT agrees to remit payment for any construction costs as outlined in Paragraph A(2) above, upon invoice from the AUTHORITY, upon completion of the construction, final inspection and approval by the TENANT. The parties agree that any change orders necessitated during construction must be approved by the TENANT in advance of any additional work being performed or additional costs being incurred. 4. Allowances for Remodel of Hangar and Personal Property. Pursuant to the Addendum attached and incorporated by reference to this Lease Agreement, the parties have contemplated bids for Allowances. The AUTHORITY shall not sign contracts for said Allowances, without the express written approval of the TENANT. If the TENANT does not approve of said Allowance(s), the TENANT shall have no further obligation to pay for said item(s) listed on the Addendum. TENANT agrees to remit payment for any costs outlined in the Addendum upon invoice from the AUTHORITY. 5. Approval of AUTHORITY and OMAHA CITY COUNCIL. The parties hereby agree and acknowledge that the AUTHORITY must approve the Lease Agreement and secure bonds for financing of this Agreement before it will be bound by this Agreement. The parties hereby agree and acknowledge that the TENANT must secure the approval of the Omaha i City Council before it will be bound by this Agreement. B. Termination by TENANT or AUTHORITY Prior to Commencement Date. If any f contingency set forth in Section 1.3(A) has not been satisfied, this Lease may be terminated by TENANT or AUTHORITY with written notice delivered to the other party prior to the Commencement Date. .c7 ARTICLE II - RENT 2.1 ANNUAL INSTALLMENTS. TENANT shall make annual rental payments to AUTHORITY, beginning on the 1St day of the month that the TENANT takes possession, the Commencement Date as follows and then upon annual invoice in January of each year thereafter: a. Monthly Rent of Three Thousand Hundred Dollars ($3,000.00) for the first five (5) years ($36,000 annually); b. Commencing on January 1, 2024, the TENANT's monthly rent shall increase to a Monthly Rent of Three Thousand One Hundred Dollars ($3,100.00) for a period of three (3) years ($37,200); C. Commencing on the January 12027, the TENANT's monthly rent shall increase every three (3) years in by $100.00 per month. (i.e. Commencing January 1, 2027 monthly rent shall be Three Thousand Two Hundred Dollars ($3,200.00); January 1, 2030 monthly rent shall be Three Thousand Three Hundred Dollars ($3,300.00), etc.) Rental payments shall be delivered to AUTHORITY at 218 South 16th Street, Blair, Nebraska, or at such other place as AUTHORITY may hereafter from time to time, by notice, designate on or before the first day of each month. 2.2 INITIAL RENTAL PAYMENTS. The initial annual rent shall be three thousand dollars per month commencing when the City takes possession of the Premises (to include square footage of building footprint and apron area between building and AUTHORITY taxi lane) and 5 -foot area adjacent to building on which all walkways are constructed. Actual annual total rent invoice due shall be sent to TENANT. Said rent shall continue in effect until modified in accordance with Paragraph 2.1 above. 2.3 RENT MODIFICATION. Rent Modification is addressed in Rent Paragraph 2.1 and Paragraph 2.2 above. 2.4 PAYMENT FOR CONSTRUCTION COSTS OR COSTS OUTLINED IN ADDENDUM. TENANT hereby agrees to pay all costs outlined in Paragraph 1.3(2), all engineering costs, including but not limited to: design, bidding, construction management, and W specialty inspections for code; all building permit fees including County, City, and Fire Marshal; utility upgrades to the electrical system; connection charges for connection to rural water, electric, and phone (fiber optics); all construction and/or remodeling costs; all interim construction finance; interest due from the AUTHORITY'S financing bonds, any costs outlined 4 in the Addendum which is attached and incorporated by reference. TENANT shall remit payment to AUTHORITY within thirty (30) days of receiving an invoice after the completion of the construction project, and after TENANT has had an opportunity to inspect and approve the construction from the AUTHORITY. Said payment shall be delivered to AUTHORITY at 218 South 16th Street, Blair, Nebraska, or at such other place as AUTHORITY may hereafter from time to time, by notice, designate. 2.5 NO ABATEMENT. No abatement, diminution or reduction of the annual rental, or of any additional rent or other charges required to be paid by TENANT pursuant to the terms of this Lease, shall be claimed by, or allowed to, TENANT for any inconvenience, interruption, cessation or loss of business or otherwise caused, directly or indirectly, by any present or future laws, orders or regulations, whether federal, state, county or municipal, or by any other cause or causes beyond the control of AUTHORITY; provided that if as a result of such law, order or regulation TENANT is prohibited from using the Premises for its intended purposes or otherwise materially limited in the use of the Premises for its intended purposes, then TENANT shall have the right to terminate this Lease upon thirty (3 0) days prior written notice to AUTHORITY. 2.6 CHARGES. AUTHORITY reserves the right to levy reasonable charges for the use of AIRPORT facilities including, but not limited to; the right to impose charges in the nature of landing and AIRPORT user's fees. TENANT agrees that use of the AIRPORT facilities by TENANT (and any other users claiming through TENANT) may be conditioned upon payment of reasonable charges, provided, however, that any such charges imposed by AUTHORITY shall be assessed and charged in a uniform and non-discriminatory manner, and shall be equitably apportioned among all persons or entities using AIRPORT facilities. TENANT shall collect for and deliver to AUTHORITY on or before the tenth business day of each month, any charges, taxes, or fees payable to AUTHORITY resulting from such use by TENANT or others with the express or implied permission of TENANT. 2.7 REAL ESTATE TAXES AND UTILITY CHARGES. TENANT, as additional rent, shall pay and discharge all such charges for water, gas, electricity, sewer, telephone, internet, and other public utility service or services furnished to the Premises during the Term hereof, but only to the extent that such t charges are directly attributable to the Premises. TENANT shall also pay and discharge, as additional rent, all taxes and assessments which shall or may during the term of this lease be charged, laid, levied, assessed or imposed upon, or become a lien upon the personal M e 4 property of TENANT in the operation of the Premises or in connection with TENANT'S business conducted on the Premises, but only to the extent that such taxes, assessments and charges are directly attributable to the personal property of TENANT. TENANT shall be deemed to have complied with the foregoing covenants of this article if payment of any such taxes, assessments, rents and charges, and other governmental impositions, duties and charges is made by TENANT within the period during which payment is permitted without penalty or interest, and TENANT shall immediately upon payment produce and exhibit to AUTHORITY satisfactory evidence of such payment. TENANT may contest, in good faith, by appropriate proceedings, at TENANT'S expense, any such taxes, assessments, charges or similar items, provided that TENANT shall deposit with AUTHORITY a sum which shall be at least equal to the amount of the item so contested. AUTHORITY may upon reasonable notice to TENANT pay such contested item or items out of any sums so deposited in case of undue delay in the prosecution of such proceedings, or if the protection of the property or of AUTHORITY'S interest therein shall, in the reasonable judgment of AUTHORITY, require such payment; or at its option, where such procedure is provided for by law, TENANT may pay such items under protest or make proper deposit in court. When any such contested items shall have been paid or canceled, any sums so deposited to cover them, and not applied by AUTHORITY as aforesaid, shall be repaid to TENANT. Any documents required to enable TENANT to effect the foregoing shall be executed and delivered by AUTHORITY on reasonable demand and in default thereof TENANT may execute the same as attorney-in-fact of AUTHORITY. ARTICLE III - DESCRIPTION OF PREMISES 3.1 REAL ESTATE. Subject to the terms and conditions herein expressed, i AUTHORITY hereby leases to TENANT and TENANT leases from AUTHORITY to have and to hold, a tract of land, situated in the County of Washington, State of Nebraska and more particularly described in Exhibit "A", which is attached hereto and made a part hereof by reference (referred to throughout this Lease as the "Premises"), which tract consists of 2785 State Highway 133, Suite 1, Blair, Nebraska, located at the AIRPORT. On or before the f Commencement Date, AUTHORITY shall execute and deliver to TENANT, reasonable access to the Premises granting TENANT reasonable pedestrian, vehicular, and aircraft access over i other AIRPORT property between Highway 133 and the Premises and over such other portions of the AIRPORT property as may be reasonably required in connection with the TENANT'S use rel of the Premises as contemplated by the parties. AUTHORITY reserves to itself, its successors and assigns, from the Premises, the right to grant utility and drainage access to others over, under, through, across or on that part of the Premises located within five (5) feet of the outside building footprint. In the event that a utility proposes to install facilities above ground, TENANT shall have the right to require that such facilities be installed underground at TENANT'S expense. AUTHORITY, its assignees or successors, with prior notice, may enter the Premises. Entry upon the premises by AUTHORITY shall only be for the purposes of installing, replacing, maintaining, removing and operating any and all utilities and drainage facilities or other necessary functions as determined by the AUTHORITY. The reasonable access shall be granted and any facilities installed in, on, or under the Premises only when necessary and only in a manner calculated to impose the least possible disruption and/or interference with TENANT'S business operations and no overhead facilities shall be installed which interfere with flight operations. Provided further, AUTHORITY reserves unto itself, its successors and assigns, all gas, oil and mineral rights beneath the surface of the Premises. Furthermore, the parties agree that the AUTHORITY retains ownership of the 37 V2 foot taxi lane and the 42 %2 foot apron constructed for use by the TENANT in conjunction with its hangar. 3.2 NO ENCUMBRANCES. [Reserved for Future Use]. ARTICLE IV - USE AND OWNERSHIP 4.1 USE. The Premises are to be used for a hangar facility for TENANT'S business uses incidental thereto as permitted under applicable laws and regulations. Under no circumstances shall the hangar or hangars used for residential purposes or the storage of items not approved by the Airport rules and regulations. 4.2 HIGH CLASS OPERATION. TENANT hereby covenants and agrees that throughout the Tenn of this lease the appearance of the Premises and deportment of all personnel employed therein as well as the appearance, number, location, nature and subject matter of all displays and exhibits placed or installed in the Premises, and any exterior signs, lettering, announcements, together with any lighting or other features pertinent thereto, shall at all times meet with AUTHORITY'S reasonable approval and, if at any time any of the same be disapproved, TENANT agrees to eliminate the grounds for such disapproval in such a reasonable manner and within such reasonable time as may be specified by AUTHORITY in a written notice given by AUTHORITY to TENANT. 7 4.3 COMMERCIAL AERONAUTICAL ACTIVITIES AUTHORIZED. TENANT may conduct qualified commercial aeronautical activities as defined in the Minimum Standards on the Premises, in compliance with Airport Authority rules and regulations. 4.4 USE OF TAXIWAY. Subject to the provisions set forth below, AUTHORITY hereby grants to TENANT, its employees and invitees the non-exclusive right incidental to the operation of the Premises, for the Term, as renewed, if applicable, in common with others entitled to a similar use thereof, to use the taxiway as shown on Exhibit B, attached hereto and incorporated by reference (the "Taxiway"), for aircraft ingress to and egress from the Premises, provided however, that each portion of the Taxiway shall be used only for its intended purpose. Notwithstanding anything contained herein to the contrary, AUTHORITY may at any time and from time to time, in its sole discretion, change the design and/or configuration of the Taxiway shown on Exhibit B, provided that TENANT shall at all times have reasonable aircraft ingress and egress to and from the Premises. TENANT shall, and shall cause its employees and invitees to, abide by the rules and regulations for the use of the Taxiway as the same may be established from time to time by AUTHORITY, provided that such rules and regulations are applicable uniformly to all users of the AIRPORT. 4.5 AVIATION FIXED BASE OPERATOR (FBO� The TENANT agrees and understands that the AUTHORITY retains the right and authority to contract for an FBO at the Blair Airport. The Tenant understands that all tenant's fuel must be supplied and purchased by the FBO unless approved by the AUTHORITY. However, the parties mutually agree that none of the provisions contained in this Article shall be construed as a guarantee by AUTHORITY of the supply of aviation fuel to the TENANT. For purposes of this Article, "aviation fuel" shall be defined as turbine fuel and aviation gasoline or such other substances as may be used to fuel aircraft. 4.6 AVIATION FUEL STORAGE. No aviation fuel may be stored on the Premises unless expressly authorized by the Airport Minimum Standards and Rules and Regulations, and approved by the Authority for leased area, in which case the storage containers and storage areas shall meet all safety standards established by the Federal Aviation Administration, EPA, State DEQ, NFPA, American Petroleum Institute (API), Nebraska State Fire Marshal, and City and County building codes. Furthermore, TENANT understands that the AUTHORITY may impose certain fees and surcharges on aviation fuel used by TENANT independently of the FBO 8 in Article IV, 4.5, above. The parties mutually agree that none of the provisions contained in this Article shall be construed as a guarantee by AUTHORITY of the supply of aviation fuel to TENANT. For purposes of this Article, "aviation fuel" shall be defined as turbine fuel and aviation gasoline or such other substances as may be used to fuel aircraft. 4.7 PEACEFUL POSSESSION. AUTHORITY warrants that it has good right to make this Lease. AUTHORITY shall defend TENANT'S peaceable hold and enjoyment of the Premises during the Term of this Lease and any term of renewal without any unreasonable interruption by AUTHORITY or any other person rightfully claiming the Premises or otherwise claiming the Premises through AUTHORITY except as provided within the Articles of this lease and any amendments hereto. 4.8 ASSIGNMENT. The parties acknowledge and agree that TENANT may not sell or transfer rights under this Lease. The parties hereby acknowledge and agree that upon termination of this lease, all improvements constructed by TENANT on the Premises and all fixtures appurtenant to such buildings and improvements shall be and become the property of the AUTHORITY. 4.9 ENCUMBRANCES. TENANT may not encumber its leasehold estate by mortgage, deed of trust or other instrument in the nature of a mortgage or deed of trust. 4.10 MORTGAGEE'S RIGHTS. [Reserved for Future Use]. 4.11 RIGHTS AND OBLIGATIONS ON FORECLOSURE. [Reserved for Future Use]. 4.12 ESTOPPEL CERTIFICATES. [Reserved for Future Use]. ARTICLE V — IMPROVEMENTS 5.1 TENANT'S IMPROVEMENTS. Subject to all restrictions and conditions set forth in this lease, TENANT shall cause to be designed, constructed and installed upon and within the Premises, at no cost to AUTHORITY, appropriate improvements to carry out the purpose of this Lease, as previously expressed. Before TENANT installs any outdoor lighting, lighting plans shall be approved by AUTHORITY and the FAA and shall be constructed so as not to cause a t glare to pilots using the AIRPORT. Prior to construction of any improvements, TENANT must comply with all AUTHORITY rules and regulations, Statutes of the United States and State of Nebraska, FAA rules and regulations, and Corps of Engineers rules and regulations. TENANT shall submit all plans for all proposed development and improvements to the Airport Manager, or t his designee, and to all other appropriate AUTHORITY officials. TENANT shall deliver a set of 9 construction plans to Airport Manager for review and approval prior to starting any construction, including FAA Form 7460, who shall forward such plans to the appropriate federal agencies for their approval. The plans shall show plot plans, including all buildings and other structures in the area sufficient that the Airport and other entities reviewing the plans for permitting can make accurate code review. This shall include -elevations. Said plans -shall indicate proposed exterior materials and finish colors on all structures and objects, which shall be approved by Airport Manager so as to blend in with other Structures on Airport. Structure shall provide a two (2) hour, or greater, fire rated separation all on the northerly most exterior wall, if required by city or county code, Nebraska State Fire Marshal, or the FAA. TENANT shall furnish to AUTHORITY, any proposed changes to any of the construction plans, in writing, and all those proposed changes must comply with all AUTHORITY rules and regulations, Statutes of the United States and State of Nebraska, FAA rules and regulations, and Corps of Engineers rules and regulations. TENANT shall furnish to AUTHORITY a set of "As Constructed" plans upon the completion of construction. Upon termination of this lease for any cause whatsoever, all buildings and improvements constructed by TENANT on the Premises and all fixtures appurtenant to such buildings and improvements shall be and become the property of AUTHORITY. Upon termination of this lease for any cause whatsoever, the Personal Property of the TENANT which is purchased, moved, or installed under "Bidding Allowances" which shall be a Personal Property Addendum of this Lease, shall remain the property of the TENANT unless the AUTHORITY has a lien in the property for unpaid rent or damage to the Premises. 5.2 PERFORMANCE AND PAYMENT BONDS. In the event AUTHORITY shall be required to furnish performance and payment bonds to any lending facility in connection with the construction and completion of any improvements on the Premises, such bond shall include AUTHORITY as the insured. Any sums derived from said performance and payment bonds shall be used for the completion of construction and the payment of laborers and material suppliers. 5.3 CERTIFICATES OF COMPLETION. Upon the completion of TENANT'S improvements, TENANT shall either submit to AUTHORITY sufficient documentation showing completion of the improvements or a copy of its acceptance letter certifying completion, and a certified copy of any certificate or permit which may be required by any federal, state or local government or agency in connection with the completion or occupancy thereof by TENANT. 10 5.4 IMPROVEMENT MAINTENANCE. TENANT shall, throughout the Term of this Lease, at its own cost, and without any expense to AUTHORITY, keep and maintain the Premises, including all buildings and improvements of every kind which may be now or hereafter constructed, in good, sanitary and neat order. Subject to Section 5.5 below, TENANT shall restore and rehabilitate all TENANT'S improvements which may be destroyed or damaged by fire, flood, casualty or any other cause whatsoever. AUTHORITY shall not be obligated to make any repairs or replacements of any kind, nature or description, to TENANT'S improvements. 5.4.1 DAMAGE TO UTILITIES. The cost to repair or relocate any damage to Authority utilities, including the main electrical conduit bank, at time of construction or at any time in the future shall be solely the responsibility of the Tenant. Should any damage occur to any said utilities, including electrical conduit bank of the Authority, the Authority shall approve any repair prior to repair being started by Tenant. Should any of the Authority utilities, including the main electrical conduit bank be damaged, Tenant shall complete any repairs or rerouting immediately as to not disrupt the use of the airport. 5.5 DAMAGE TO AND DESTRUCTION OF IMPROVEMENTS. The damage, destruction, or partial destruction of any of TENANT'S improvements shall not release TENANT from any obligation hereunder, except as expressly provided in Paragraph 5.6 of this Article, and in case of damage to or destruction of any such building or improvement, TENANT shall at its own expense promptly repair and restore the same to a condition as good or better than that which existed prior to such damage or destruction. The AUTHORITY shall be named as the loss payee on all insurance secured by the TENANT under this lease. Without limiting such obligation of TENANT, it is agreed that the proceeds of any insurance covering such damage or destruction paid to the AUTHORITY and the TENANT shall be made available to TENANT for such repair or replacement. If the TENANT breaches the duty to rebuild under this paragraph, then all insurance proceeds shall be paid to the AUTHORITY and become the property of the AUTHORITY. -In such an event, the TENANT is thereby relieved from any other rights and obligations of the lease. The parties agree that this provision is not a liquidated damages clause, but is intended as a provision for termination of the lease. 5.6 DAMAGE OR DESTRUCTION OCCURRING TOWARD END OF TERM. In the ; event of damage or destruction to the PROPERTY during the last five (5) years of the term of the 11 r lease, which renders the PROPERTY a total loss as determined by the TENANT'S insurance company, IF the TENANT elects not to rebuild, all insurance proceeds for the total loss shall be paid to the AUTHORITY to cover the loss of property, unpaid rent, accelerated rent and cleanup costs of the PROPERTY. The TENANT is responsible for all cleanup costs associated with this paragraph, and if the TENANT does not cleanup the premises, the AUTHORITY may recover on breach of contract claims, assess assessments on the property, and recover any other damages resulting from the TENANT'S breach of contract for failing to clean up the property under this paragraph. Any rent due and owing for the remaining period of the lease for the land being leased by the TENANT shall be accelerated and become immediately due, and shall be due and payable out of the insurance proceeds. The AUTHORITY shall be a loss payee on any of TENANT'S insurance on the PROPERTY during all terms of the lease. If there are not sufficient insurance proceeds to cover the loss of the PROPERTY, then the parties hereby agree that the TENANT shall still be responsible for paying any deficiencies in said sums. If insurance proceeds do pay for the loss of the property, unpaid rent, accelerated rent, cleanup costs in the PROPERTY, then the TENANT is hereby relieved from any further rights and obligations under this Lease. The parties agree that this provision is not a liquidated damages clause, but is intended as a provision for termination of the lease. 5.7 ELECTION NOT TO TERMINATE. If, in the event of such destruction or damage during the last five (5) years of the Term hereof, TENANT does not elect to terminate this Lease in accordance with Paragraph 5.6, or if TENANT is not permitted to so terminate this Lease under the terms of any mortgage or deed of trust then encumbering TENANT'S interest in the premises, the proceeds of all insurance covering such damage or destruction shall be made available to TENANT for such repair or replacement, and TENANT shall be obligated to repair or rebuild TENANT'S improvements as above provided. This means that any insurance proceeds that are made payable to AUTHORITY and TENANT under the TENANT'S duty to name the AUTHORITY as loss payee under any insurance contract, the AUTHORITY shall make those funds available to the TENANT for purposes of repair and replacement. ARTICLE VI - FEDERAL AVIATION ADMINISTRATION PROVISIONS. 6.1 LANDING AREA. AUTHORITY reserves the right (but shall not be obligated to TENANT) to maintain and keep in repair the landing area of the AIRPORT and all publicly - 12 owned facilities of the AIRPORT, together with the right to reasonably direct and control all activities of TENANT in this regard. 6.2 AUTHORITY IMPROVEMENTS. AUTHORITY reserves the right further to develop or improve the landing area and all publicly -owned air navigation facilities of the AIRPORT as it sees fit, regardless of the desires or views of TENANT, and without interference or hindrance. 6.3 NO OBSTRUCTIONS. AUTHORITY 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 TENANT from erecting, or permitting to be erected, any building or other structure on the AIRPORT which in the reasonable opinion of AUTHORITY would limit the usefulness of the AIRPORT or constitute a hazard to aircraft. 6.4 MILITARY USE. During time of war or national emergency, AUTHORITY shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly -owned air navigation facilities and/or other areas or 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. TENANT'S obligation to pay rent shall be suspended during any and all periods of time during which the provisions of this Lease are suspended due to government use of the AIRPORT's facilities which would prevent the normal operation of TENANT'S business unless tenant is reimbursed by military. 6.5 NO INTERFERENCE. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the AIRPORT. 6.6 PUBLIC AIRSPACE. There is hereby reserved to AUTHORITY 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 air space above the surface of the Premises together with a right to cause in said air space such noise as may be inherent in the operation of aircraft, now known or hereafter used, or navigation of or flight in the air using said air space for landing, taking off or operating on or about the AIRPORT. 6.7 SUBORDINATION OF LEASE. This Lease shall be subordinate to the provisions of any existing or future agreement between AUTHORITY and the United States of America or any 13 agency thereof relative to the operation, development or, maintenance of the AIRPORT, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the AIRPORT. AUTHORITY will make reasonable efforts to ensure that no such agreement shall unreasonably interfere with TENANT's use and occupancy of the Premises under this Lease. 6.8 NO DISCRIMINATION. A. TENANT, its 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 facilities are constructed, maintained, or otherwise operated on the AIRPORT 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, TENANT shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. B. TENANT, its 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: (1) no person on the grounds of sex, race, religion, age, disability, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of sex, race, religion, age, disability, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that TENANT shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C. TENANT agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service; PROVIDED, that 14 TENANT may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers or in connection with promotional programs or special events. 6.9 NO EXCLUSIVE RIGHT. It is hereby understood and agreed that nothing contained in this Lease shall be construed to grant or authorize any exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958, as amended. 6.10 FEDERAL AVIATION ACT. TENANT agrees to comply with the provisions of the Federal Aviation Act of 1958 (49 U.S.C. 1349 (a)), and any future amendments or revisions thereof, any rules or regulations promulgated thereunder and any provisions of any agreements providing federal assistance for development of AIRPORT entered into by AUTHORITY and the United States or its agencies. 6.11 RADIO COMMUNICATION. TENANT shall not, by its activities, interfere with radio communications, instrument landing systems, navigational aids, or flight operations of AIRPORT. TENANT shall not transmit or send any radio signal from the Premises with the exception that the tenant may send or transmit to any aircraft contacting the Airport for services or directions relative to Airport operations and protocol. The prohibition against transmission of radio signals from the Premises shall not be held to apply to routine maintenance checks by authorized radio maintenance. ARTICLE VII - UTILITIES TAXES AND INSURANCE 7.1 TAXES AND ASSESSMENTS. THE AUTHORITY shall pay all property taxes and assessments of any nature levied on the Premises, only to the extent attributable to the Premises. 7.2 UTILITIES. TENANT shall pay all charges incurred for utility services supplied to the Premises, including but not limited to charges for water, gas, electricity, sewer and telephone. 7.3 INSURANCE COVERAGE OF PREMISES. TENANT shall, at all times during the Term of this Lease, and at TENANT'S sole expense, keep all TENANT'S improvements which may be hereafter erected on the Premises and the contents of such improvements insured against loss or damage by fire, flood, lightning, extended coverage, and vandalism hazards for one I hundred percent (100%) of the full replacement value of such improvements, with loss payable to TENANT and to AUTHORITY as an additional insured. Any loss adjustment shall require the written consent of both TENANT and AUTHORITY. TENANT shall provide AUTHORITY i 15 F i with an updated Certificate of Insurance on an annual basis. The Certificate shall indicate AUTHORITY as additional insured. 7.4 GENERAL LIABILITY INSURANCE. TENANT shall maintain in effect throughout the Term of this Lease commercial general liability insurance with a combined single limit not less than $2,000,000 per occurrence, covering bodily injury and property damage. Such insurance shall insure both TENANT and AUTHORITY and shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for TENANT and AUTHORITY, but will not expand the limits of coverage by reason of such endorsement. TENANT shall provide AUTHORITY with an updated Certificate of Insurance on an annual basis. The Certificate shall indicate AUTHORITY as additional insured. TENANT shall increase the limits of liability if required by State of Nebraska or other regulatory entity. 7.5 AUTHORITY'S RIGHT TO PAY PREMIUMS. All of the policies of insurance referred to in Paragraphs 7.3 and 7.4 of this Article shall be issued by qualified insurance companies reasonably approved by AUTHORITY. TENANT shall pay all of the premiums therefor and deliver a copy of such policies, certificates thereof and amendments or endorsements thereto, to AUTHORITY, and in the event of the failure of TENANT, either to effect such insurance in the names or amounts herein called for or to pay the premiums therefor or to deliver such policies, certificates, amendments and endorsements to AUTHORITY, AUTHORITY shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, which premiums shall be repayable to AUTHORITY with the next installment of rental payment, and failure to repay the same shall carry with it the same consequence as failure to pay any installment or rental payment. Each insurer mentioned in this section shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to AUTHORITY, that it will give to AUTHORITY thirty (30) days written notice before the policy or policies in question shall be altered or canceled. If such coverage terminates or is canceled or reduced, TENANT shall within fifteen (15) days before such termination or within fifteen (15) days after the date of such written notice from the insurer of such cancellation or reduction in coverage, file with AUTHORITY a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. 16 7.6 DEFINITION OF FULL REPLACEMENT VALUE. The term "full replacement value" of improvements as used herein, shall mean the actual replacement cost thereof calculated from time to time, less exclusions provided in the standard insurance policies. In the event either party believes that the full replacement value (the replacement cost less exclusions) has increased or decreased, it shall have the right, but, except as provided below, only at intervals of not less than five (5) years, to have such full replacement value redetermined by the insurance company which is then carrying the largest amount of insurance carried on the Premises (hereinafter referred to as "impartial appraiser"). The party desiring to have the full replacement value so redetermined by such impartial appraiser shall forthwith on submission of such determination to such impartial appraiser give written notice thereof to the other party hereto. The determination of such impartial appraiser shall be final and binding on the parties hereto, and TENANT shall forthwith increase (or may decrease) the amount of the insurance carried pursuant to this Article as the case may be to the amount so determined by the impartial appraiser. Such determination shall be binding for a period of five (5) years, or until superseded by agreement between the parties hereto or by a subsequent redetermination by an impartial appraiser. If during any such five (5) year period TENANT shall have made improvements to the Premises, AUTHORITY may have such full replacement value redetermined at any time after such improvements are made, regardless of when the full replacement value was last determined. 7.7 ADJUSTMENT OF COVERAGE. In the event that either party shall at any time deem the limits of the personal injury or property damage public liability insurance then carried to be either excessive or insufficient, the parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this paragraph but, if the parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person selected by the parties, on application by either party made after thirty (30) days written notice to the other party of the time and place of such application, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the parties and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provision of this section. The expenses of such determination shall be split equally between the parties. 17 ARTICLE VIII - PROHIBITION OF INVOLUNTARY ASSIGNMENT EFFECT OF BANKRUPTCY OR INSOLVENCY 8.1 EFFECT OF BANKRUPTCY. TENANT agrees that in the event any proceedings under the Bankruptcy Act or any amendment thereto be commenced by or against TENANT, and, if against TENANT, such proceedings shall not be dismissed before either an adjudication in bankruptcy or the confirmation of a composition, arrangement, or plan or reorganization, or in the event TENANT is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed in any proceeding or action to which TENANT is a party, with authority to take possession or control of the Premises or the business conducted thereon by TENANT, and such receiver is not discharged within a period of ninety (90) days after his appointment, any such event shall be deemed to constitute a breach of this Lease by TENANT and shall, at the election of AUTHORITY, but not otherwise, without notice of entry or other action of AUTHORITY, terminate this Lease and also all rights of TENANT under this Lease and in and to the Premises and also all rights of any and all persons claiming under TENANT, provided that this Article VIII shall not operate to terminate this Lease with respect to or any rights of any Mortgagee acting in accordance with Sections 4.9, 4.10, 4.11, 4.12 and 12.1 hereof. Use]. ARTICLE IX - LIENS AND SURETY BOND 9.1 TENANT'S DUTY TO KEEP PREMISES FREE OF LIENS. [Reserved for Future 9.2 CONTESTING LIENS. [Reserved for Future Use], 9.3 SURETY BOND. [Reserved for Future Use]. ARTICLE X - CONDEMNATION 10.1 TOTAL TAKE. If the whole of the Premises or TENANT'S improvements should be taken by the exercise of the power of eminent domain by any public entity including AUTHORITY, then in such case this Lease shall terminate as of the date of vesting of title in the condemning authority. 10.2 PARTIAL TAKE. If less than the whole of the Premises should be taken in a condemnation proceeding, then this Lease shall terminate only as to that portion of the Premises so taken as of the date of the vesting in the condemning authority of title to such portion, but this Lease shall remain in full force and effect with respect to that portion of the Premises not so taken, provided that TENANT determines that the remainder of the Premises may be feasibly 18 used for the purposes contemplated by this Lease. The rent and other charges payable by TENANT to AUTHORITY hereunder shall be abated and reduced in a ratio which the diminution, if any, in the total ground area of the Premises, following such condemnation proceeding, shall bear to the total ground area of the Premises at the time of such condemnation proceeding. 10.3 POSSESSION BY TENANT. Notwithstanding any termination of this Lease in whole or in part under Paragraphs 10.1 and 10.2 of this Article, TENANT may remain in possession of such portion of the Premises as shall be so taken at the rent herein provided, until the condemning authority shall require TENANT to surrender such possession. Any rent or charge in the nature of rent which TENANT is required to pay to the condemning authority in consideration of such remaining in possession shall be paid by TENANT and shall reduce pro tanto the obligation of TENANT to payment hereunder. 10.4 CONDEMNATION AWARD. In the event of the termination of this Lease by a total or partial taking or the continuation of this Lease after a partial taking, the proceeds of such condemnation award attributable to TENANT'S leasehold interest in the Premises (including the land and any improvements thereon) shall be paid to TENANT, and the portion of the condemnation award attributable to AUTHORITY'S reversionary interest in the Premises shall be paid to AUTHORITY. If AUTHORITY is the condemning authority, the amount of the condemnation award shall in no event be less than the aggregate amount of all mortgage indebtedness encumbering TENANT'S interest in the Premises. ARTICLE XI - GENERAL PROVISIONS 11.1 RIGHT OF INSPECTION. AUTHORITY shall have the right, subject to the restrictions set forth in this Section 11. 1, at all reasonable times during the Term of this Lease after reasonable notice to TENANT to enter upon the Premises for the following purposes: A. To inspect the Premises and all buildings and improvements thereon; B. To effect compliance with any law, order or regulation of any lawful authority; C. To make or supervise major repairs, alterations or additions; (This subparagraph shall not be interpreted to impose any duty upon AUTHORITY to make or supervise any such major repairs, alterations or additions); D. To exhibit the Premises to prospective tenants, purchasers or other persons after receipt from TENANT of TENANT'S intent not to renew this Lease; or at any 19 time during the six-month period prior to the date of expiration of the last renewal term of this Lease; and 11.2 REDELIVERY OF PREMISES. TENANT shall pay the rent and all other sums required to be paid by TENANT hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed, and, at the expiration or termination of this Lease, peaceably and quietly quit and surrender to AUTHORITY the Premises in good order and condition subject to reasonable wear and tear and the other provisions of this Lease. In the event of the non- performance by TENANT of any of the covenants of TENANT undertaken herein after expiration of all cure periods, this Lease may be terminated as herein provided. 11.3 REMEDIES CUMULATIVE. All remedies hereinbefore and hereafter conferred on AUTHORITY shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. 11.4 PARTIES BOUND. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 11.5 "TENANT" AND "AUTHORITY". As used in this Lease the term "TENANT" means TENANT and the successors and assigns of TENANT; and the term "AUTHORITY" means collectively and individually, City of Blair and Blair Airport Authority and their successors and assigns. 11.6 WAIVING. Any failure of AUTHORITY to insist on performance of any of the terms of this Lease shall not be construed as a waiver of such terms and the same shall remain in full force and effect for the Term. 11.7 ACTS OF GOD. Except as otherwise provided herein, neither AUTHORITY nor TENANT shall be liable for delays or defaults in the performance of this Lease due to Acts of God or the public enemy, riots, strikes, floods, fires, explosions, accidents, governmental action of any kind or any other causes of a similar character beyond the control and without the fault or negligence of either party. 20 11.8 WHOLE CONTRACT. This document contains the entire agreement between the parties and cannot be amended orally, but only by an instrument in writing signed by both parties. 11.9 NOTICE. Any notice, invoice or communication provided herein, shall be in writing and considered completed and received seventy-two (72) hours after said notice, invoice or communication is deposited in the United States mail by certified mail, return receipt requested, addressed to TENANT, c/o Chief of Police, 505 S. 15th Street, Omaha, NE 68102 and to AUTHORITY, c/o Airport Manager, 218 South 16th Street, Blair Nebraska 68008. Notwithstanding the foregoing, any notice delivered by TENANT under Paragraph 1.3 hereof shall be considered completed and received on the date on which the notice is deposited in the United States mail by certified mail, return receipt requested, addressed to AUTHORITY at its address above. 11.10 INDEMNIFICATION AGAINST ALL CLAIMS. TENANT shall indemnify, defend and hold harmless AUTHORITY against any and all claims, damages, suits, and causes of action for damages arising after the commencement of the Term hereof and against any order, decrees and judgments which may be entered thereon, brought for damages or alleged damages resulting from any injury or alleged injury to person or property or for loss of life alleged to have been sustained in or about the Premises whenever any said alleged liability arises because of any action or inaction of TENANT, its agents, contractors or subcontractors, but only to the extent attributable to any action or inaction of TENANT or its agents, contractors or subcontractors. TENANT'S indemnification obligations shall include but not be limited to payment of all AUTHORITY'S reasonable attorney fees, consultant fees, and expert fees involved in defending such claims, damages, suits and causes of action. TENANT'S indemnification of AUTHORITY shall not be limited or restricted by the provisions of Article VII of this Lease. However, TENANT shall not indemnify and hold harmless AUTHORITY from any claims or damages arising out of the conduct or omission of AUTHORITY or its agents. AUTHORITY shall indemnify, defend and hold harmless TENANT against any and all claims, damages, suits, and causes of action for damages and against any order, decrees and judgments which may be entered thereon, brought for damages or alleged damages resulting from any injury or alleged injury to person or property or for loss of life alleged to have been sustained on AIRPORT property not included within this lease (or on the Premises prior to the Commencement Date) 21 whenever any said alleged liability arises because of any action or inaction of AUTHORITY, its agents, contractors or subcontractors. AUTHORITY'S indemnification obligations shall include but not be limited to payment of all TENANT'S reasonable attorney fees, consultant fees, and expert fees involved in defending such claims, damages, suits and causes of action. AUTHORITY shall not indemnify and hold harmless TENANT from any claims or damages arising out of the conduct or omission of TENANT or its agents. 11.11 TIME OF ESSENCE. Time is expressly declared to be of the essence of this Lease, and of each and every covenant, term, condition and provision hereof. 11.12 VENUE AND CHOICE OF LAW. In the event that any actions or proceedings are initiated with respect to this Lease, TENANT and AUTHORITY agree that the venue for any such dispute shall be the District Court of Washington County, and that this Lease shall be governed by the laws of the State of Nebraska. 11.13 SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. 11.14 HOLDING OVER BY TENANT. TENANT shall not acquire any right or interest in the Premises by remaining in possession after termination of this Lease. During any such period of holding over, TENANT shall be a tenant at will subject to all the obligations imposed upon it by this Lease. 11.15 WITHHOLDING REQUIRED APPROVALS. Whenever the approval of AUTHORITY or TENANT is required herein, no such approval shall be unreasonably requested, withheld, conditioned or delayed. 11.17 INTERFERENCE, STRUCTURES, AND OBSTRUCTIONS FORBIDDEN TENANT covenants and agrees that it will neither erect structures nor permit natural growths on the Premises in such a manner as to create an obstruction to air navigation according to the criteria or standards as prescribed in Part 77 of the Federal Aviation Regulations; or as to create electrical interference with radio communications between AIRPORT and aircraft, or to make it difficult for fliers to distinguish between the AIRPORT lights and others, or to cause a glare in 22 the eyes of fliers using AIRPORT, or to impair visibility in the vicinity of the AIRPORT by lights, smoke, etc., or otherwise endanger the landing, taking off, or maneuvering of aircraft. 11.18 AIRPORT. AUTHORITY reserves the right to control all flight and ground operations at AIRPORT; to promulgate reasonable rules and regulations and minimum standards for the use of the AIRPORT; to set reasonable charges for the use of AIRPORT services and facilities; to sell aviation fuel; and to enforce the laws of the State of Nebraska, the rules and regulations of AUTHORITY, the provisions of the Federal Aviation Act of 1958, as amended, and such other laws of the United States as pertain to the lawful operation of AIRPORT. 11.19 COMPLIANCE WITH LAWS. The design of any facility (building or restroom facility) shall comply with the "Americans with Disabilities Act of 1990 Accessibility Guidelines," unless variances are received. It shall be the responsibility of TENANT to warrant that all goods, services and/or work procured and/or performed under this Lease shall conform to and/or be performed in compliance with all applicable federal, state and local statutes, ordinances and codes including but not limited to the Americans with Disabilities Act of 1990, local building, plumbing, mechanical and electrical codes. TENANT shall have the right to contest by appropriate legal proceedings in the name of TENANT or AUTHORITY, or both, without cost or expense to AUTHORITY, the validity or application of any law, ordinance, rule or requirement referred to above and AUTHORITY agrees to cooperate with TENANT and will execute and deliver any appropriate papers which may be necessary and proper to permit TENANT to contest the validity or application of any such law, ordinance, order, rule or requirement. Failure to comply in any manner with applicable statute, ordinances or codes shall result in said TENANT replacing the goods, services and/or work performed in order to effect compliance or in liquidated damages in the amount required to effect compliance with said statutes, ordinances, and codes together with any costs associated with collection of said damages. Additionally, AUTHORITY may, at its option cancel this contract in the event TENANT fails to comply with all applicable provisions of the law, after notice of default is given and such default persists after expiration of all cure periods in accordance with Article XII. These remedies shall be in addition to any other remedies available in law or in equity. 11.20 MEMORANDUM OF LEASE. TENANT shall be entitled to record a memorandum or short form of this Lease in the Office of the Register of Deeds, located in the 23 0 Washington County Courthouse at TENANT'S cost, and AUTHORITY shall execute and acknowledge same within ten (10) days after TENANT'S request therefor. 11.21 ENVIRONMENTAL REGULATIONS. A. TENANT agrees to the following environmental regulations for all operations: 1. Use and Storage of Hazardous Materials. TENANT shall not cause or permit any Hazardous Materials, as defined in Paragraph 11.21(A)(5) below, to be stored or used on or about the Premises by TENANT, its agents or employees, except as may be lawfully permitted in connection with operation of a fixed base operation and related facilities. 2. Compliance with Environmental Laws. TENANT shall at all times and in all material respects comply with all local, state, and federal laws, ordinances, regulations, and orders relating to industrial hygiene, environmental protection, or the use, generation, manufacture, storage, disposal, or transportation of Hazardous Materials on, about or from the Premises (collectively "Environmental Laws"). 3. Hazardous Materials Handling. TENANT shall, at its expense, procure, maintain in effect, and comply with all conditions of any permits, licenses, and other governmental and regulatory approvals required for TENANT'S use of the Premises, including, without limitation, discharge of materials or wastes into or through any storm or sanitary sewer serving the Premises. Except for discharges into the sanitary sewer, TENANT shall cause any and all Hazardous Materials removed from the Premises to be removed and transported solely by duly licensed haulers to duly licensed facilities for disposal, recycling, reuse or other lawful disposition. TENANT shall in all respects handle, treat and manage any and all Hazardous Materials on or about the Premises in conformity with all applicable Environmental Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon the expiration or earlier termination of the Term of the Lease, TENANT shall cause all Hazardous Materials to be removed from the Premises and to be transported for use, storage, or disposal in accordance and compliance 24 with all applicable Environmental Laws; provided, however, that TENANT shall not take any remedial action in response to the presence of any Hazardous Materials in or about the Premises, nor enter into any settlement agreement, consent decree, or other compromise with respect to any claims relating to any Hazardous Materials in any way connected with the Premises without first notifying AUTHORITY of TENANT'S intention to do so and affording AUTHORITY ample opportunity to appear, intervene, or otherwise appropriately assert and protect AUTHORITY'S interest with respect thereto. The foregoing notwithstanding, TENANT shall have the right to take emergency response action in accordance with Environmental Laws in the event of a release or threat of a release of Hazardous Material, provided AUTHORITY is given written notice of such action as soon as is reasonably practicable. 4. Notices, If at any time TENANT shall become aware, or has reasonable cause to believe, that any Hazardous Material has come to be located on or about the Premises in violation or potential violation of Environmental Laws, TENANT shall, immediately upon discovering such presence or i suspected presence of the Hazardous Material, provide AUTHORITY with written notice of that condition, In addition, TENANT shall immediately notify AUTHORITY in writing immediately upon notice of, or receipt by TENANT of (i) any enforcement, cleanup, removal, or other governmental or regulatory action instituted or threatened pursuant to any Environmental Laws,;; (ii) any claim made or threatened by any person against TENANT or the Premises relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from or claimed to result fiom any Hazardous Materials; and (iii) any reports made to any local, state, or federal environmental agency arising out of or in connection with any Hazardous Materials on or removed from the Premises, including any complaints, notices, warnings, or asserted violations in connection therewith. TENANT shall also supply to AUTHORITY as promptly as 01 t possible, and in any event within five (5) business days after TENANT first receives or sends the same, copies of all claims, reports, complaints, notices, warnings, or asserted violations relating in any way to the environmental condition of the Premises or TENANT'S acts or omissions with respect thereto. TENANT shall keep on file and upon written request, promptly deliver to AUTHORITY copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the premises. S. Definition of Hazardous Materials. As used in this Lease, "Hazardous Material" or "Hazardous Materials" means any hazardous or toxic substances, materials or wastes, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes which are or become regulated under any applicable local, state or federal law including, without limitation, any material, waste or substance which is (i) petroleum or a petroleum distillate, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) defined as a "hazardous waste" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. or (v) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S. C. §960.1, et seq. B. TENANT shall indemnify, defend and hold harmless AUTHORITY, its officer, employees, successors and assigns, from and against any and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, damages (including damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises) costs, or expenses (including reasonable attorneys' fees, consultant fees, and expert fees) for the death of or injury to any person or damage to the Premises or any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by TENANT'S failure to comply with any Environmental Laws or any covenants, terms or conditions relating to k W environmental matters in this Lease, TENANT'S obligations under this Paragraph 11.21(B) shall include, without limitation, and whether foreseeable or unforeseeable, any and all costs incurred in connection with any investigation of the condition of the Premises, and any and all costs of any required or necessary repair, cleanup, decontamination or remediation of the premises and the preparation and implementation of any closure, remedial action, or other required plans in connection therewith. TENANT'S obligations under this Paragraph 11.21(B) shall survive the expiration or earlier termination of the Term of the Lease. AUTHORITY shall indemnify, defend and hold harmless TENANT, its officers, employees, successors and assigns, from and against any and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, damages (including damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises) costs, or expenses (including reasonable attorneys' fees, consultant fees, and expert fees) for the death of or injury to any person or damage to the Premises or any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by AUTHORITY'S failure to comply with any Environmental Laws with respect to the Premises prior to the Commencement Date, or with respect to other AIRPORT property either prior to or after the Commencement Date. AUTHORITY'S obligations under this Paragraph 11.21(B) shall include, without limitation, and whether foreseeable or unforeseeable, any and all costs incurred in connection with any investigation of the condition of the Premises, and any and all costs of any required or necessary repair, cleanup, decontamination or remediation of the premises and the preparation and implementation of any closure, remedial action, or other required plans in connection therewith. AUTHORITY'S obligations under this Paragraph 11.21(B) shall survive the expiration or earlier termination of the Term of the Lease. C. Notwithstanding any provisions of this agreement to the contrary, but subject to the restrictions set forth in Section 11. 1, AUTHORITY shall have the right to enter and inspect the Premises, upon reasonable advance written notice and in a manner so as not to unreasonably interfere with the conduct of TENANT'S 27 business, to investigate the presence or potential presence of Hazardous Materials on the Premises in violation of Environmental Laws. During such inspection, AUTHORITY shall have the right to visually inspect the Premises and to take such soil, sludge or groundwater samples and conduct such tests as it may determine, in its sole discretion, to be necessary or advisable. AUTHORITY shall pay for the costs of such investigations; provided, however, that if the results of such investigation indicate the presence of Hazardous Materials on or about the Premises due to TENANT'S failure to comply with any Environmental Laws or any covenants, terms or conditions relating to environmental matters in this Lease, then TENANT shall fully reimburse AUTHORITY for such expense within thirty (30) days of receiving AUTHORITY'S written request for reimbursement. D. Notwithstanding any provision of this A -agreement to the contrary, AUTHORITY represents and warrants to TENANT to the best of AUTHORITY'S knowledge, the Premises do not contain any Hazardous Materials as defined above which would require remedial work, investigation, monitoring or other action under the Environmental Laws as of the date of this Agreement. 11.22 LANDLORD MAINTENANCE. The AUTHORITY shall remove snow from the apron and taxiways. 11.23 TENANT GENERAL MAINTENANCE. The TENANT shall maintain all air conditioning units and systems, heating and cooling systems, and air compressors. TENANT shall be responsible for cleaning the Hangar and offices. The TENANT shall maintain light bulbs, maintaining lighting, refrigerators, hot water heater, and personal equipment. TENANT is responsible for its own trash removal. TENANT shall provide snow/ice removal from main hangar door (extending five (5) feet out), sidewalks, and parking spaces. The TENANT shall be responsible for maintaining all equipment and improvements installed as part of this Agreement and the Addendum. 11.24 TENANT INSURANCE FOR PERSONAL PROPERTY. TENANT hereby acknowledges and agrees to furnish its own Personal Property Insurance for any Personal Property or Equipment located within the Premises. 28 11.25 TENANT'S UTILITIES. The TENANT shall be responsible for all monthly charges for water, electric, internet, phone, trash removal, etc. However, the TENANT will be connected to the Airport sewer system with no monthly fee. 11.26 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit "D" and made a part hereof by reference are the equal employment provisions of this Agreement. All reference in Exhibit "D" to "Contractor" shall mean the Authority. Refusal by the Authority to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (a) Withholding of all future payments under the involved Agreements to the Authority in violation until it is determined that the Authority is in compliance with the provisions of the Agreement; (b) Refusal of future contracts with the City or any of its departments or divisions until such time as the Authority demonstrates that it has established and shall carry out the policies of the program as herein outlined. 11.27 NEW EMPLOYEE WORK ELIGIBILITY STATUS. The Contractor is required and hereby agrees to use a federal iminigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E -Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. ARTICLE XII - TERMINATION 12.1 DEFAULT — BY TENANT. If TENANT shall fail to perform, keep and observe any of the terms, covenants, conditions, or agreements herein contained on the part of TENANT to be performed, kept and observed, including payment of rent or charges, TENANT shall be in default. AUTHORITY may give TENANT written notice (as provided in Paragraph 11.9 herein) to correct or cure such default which notice shall set forth in detail the facts alleged to constitute said default. If any such default shall continue for thirty (30) days after receipt of such notice by TENANT, AUTHORITY may either: 1) file a complaint for restitution of the premises pursuant to the Nebraska Forcible Entry and Detainer Act, Neb. Rev. Stat. § 25,21,219 et seq., or, 2) give 29 TENANT written notice of termination which notice shall specify the date of termination which shall not be earlier than thirty (30) days after the receipt by TENANT of such written notice of termination. After receipt of such written notice of termination by TENANT, TENANT shall have the further right to correct or cure any default specified by TENANT within such thirty (3 0) day period. If such default is not corrected or cured prior to the termination date specified in such notice, this Lease shall then terminate on such date as if it were the day herein definitely fixed for the end and expiration of this Lease and the Term thereof. TENANT shall not be deemed to be in default, if prior to the date specified in any notice it takes action to correct the specified default and in good faith diligently proceeds therewith to completion even though said default may not be fully corrected within the time specified in the notice. Notwithstanding anything herein to the contrary, if TENANT fails to pay rent or charges on the date said rent or charges are due, said failure shall constitute default. If said charges and rents, plus interest hereinafter specified, are not received within thirty (30) days after TENANT'S receipt of notice from AUTHORITY stating that the rent and charges are delinquent, then AUTHORITY may, subject to the mortgagee's rights under paragraph 4. 10, terminate this Lease for said default. 12.2 REMEDIES FOR DEFAULT. In the event that AUTHORITY shall at any time terminate this Lease for any default, all title to TENANT'S improvements (but not TENANT'S personal property) shall pass to AUTHORITY upon the date of termination of this Lease. Furthermore, in addition to any other remedy it may have, AUTHORITY may recover from TENANT all damages incurred by reason of such default, including, but not limited to the cost of recovering the Premises and amount of rent and charges owed to AUTHORITY for the remainder of the Term (not including any renewals thereof which have not been exercised by TENANT), all of which amounts shall be immediately due and payable from TENANT to AUTHORITY. 12.3 AUTHORITY'S RIGHT TO PERFORM. In the event that TENANT by failing or neglecting to do or perform any act or thing herein provided by it to be done or performed, shall be in default hereunder and such failure shall continue for a period of ten (10) days after written notice from AUTHORITY specifying the nature of the act or thing to be done or performed, then AUTHORITY may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the Premises for such purposes, if AUTHORITY shall so elect), and AUTHORITY shall not be or be held liable or in any way responsible for any loss, 30 inconvenience, annoyance, or damage resulting to TENANT on account thereof, and TENANT shall repay to AUTHORITY on demand the entire reasonable expense thereof, including compensation to the agents and employees of AUTHORITY. Any act or thing done by AUTHORITY pursuant to the provisions of this section shall not be or be construed as a waiver of any such default by TENANT, or as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of any other right or remedy of AUTHORITY, hereunder or otherwise. All amounts payable by TENANT to AUTHORITY under any of the provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest from the date they become due until paid at the rate of the prevailing prime interest rate plus one percent, compounded annually. 12.4 DEFAULT — BY AUTHORITY. Failure on the part of AUTHORITY to comply with the terms and provisions of this Lease shall constitute a default and shall authorize TENANT to terminate this Lease in addition to all other legal and equitable rights and remedies under the law, provided that AUTHORITY shall in no event be charged with default in the performance of any of its obligations hereunder unless and until AUTHORITY shall have failed to perform such obligations within sixty (60) days after written notice by TENANT to AUTHORITY properly specifying wherein AUTHORITY has failed to perform any such obligation; notwithstanding anything to the contrary contained herein, no default shall be declared under this Paragraph so long as AUTHORITY takes reasonable action (considering time of year, weather, availability of workmen, materials and the like) within the sixty (60) day period to remedy the default and proceeds to completion of the cure as soon as reasonably practicable. ARTICLE XIII - CONFLICT OF INTEREST 13.1 CONFLICT OF INTEREST. TENANT represents and warrants that no officer, employee, or agent of AUTHORITY has been or will be employed, retained, paid a fee, or otherwise has received or will receive any personal compensation or consideration by or from TENANT, or any of TENANT'S officers, employees or agents in connection with obtaining, arranging, or negotiation of this Lease or other documents or agreements entered into or executed in connection therewith. 31 ARTICLE MY - LANDLORD LIEN 14.1 LANDLORD LIEN. AUTHORITY hereby maintains and asserts any and all rights it may have, whether by statute or otherwise, to any lien, charge or attachment against any of TENANT'S personal property, whether as security for TENANT'S obligations under this Lease or for any other reason or purpose. It is agreed by the parties that any person who holds a security interest, or interest as lessor, in any such property of TENANT shall have the right to enter onto the Premises before any termination of the Term of this Lease (or TENANT'S right to possession of the Premises), for the purpose of removing any such property from the Premises. [ Signatures on following pages] 32 IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. DATED this -,��Y— day of Nff-nm "_, 2018. Mayor, City of Omaha ATTEST: Y ERK E CITY OF OMAHA APPROVED AS TO FO CITY ATTORNEY DATE �A' Ph(hbL&AJU/1'- r �-;4 ITNESS AI ORT AUTHORITY OF THE CITY OF BLAIR STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) On this 14- day of October, 2018, before me appeared ®`t'i't K' of City r of Blair Airport Authority, to me personally known, who, being duly sworn, did say that he is authorized to execute the foregoing instrument on behalf of said entity and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. GENERAL NOTARY -State of NebraskaAm, A a rd12 X Ij qacu f Xlt �I SARAH BACKMAN NotaryPublic J__ My Comm. Exp. April 10, 2021 My commission expires 33 EXHIBIT A 2785 State Highway 133, Suite I 34 EXHIBIT B TAXIWAY 35 ADDENDUM TO LEASE The Parties hereby acknowledge and Agree that the following list is the bidding allowances contemplated by the parties and are incorporated by reference into the Lease Agreement dated the day of ,2018: Allowance #1. $15,000.00. Relocation and set-up of designated equipment from existing hangar to proposed hangar at Blair Airport. Allowance #2. $26,282.73. Provide designated tables, chairs, stools, cubical partitions, work benches, storage shelving, and other furniture and equipment delivered and set up at proposed hangar building at Blair Airport. Allowance #3. 31 611.96. Provide designated fitness equipment delivered and set up at proposed hangar building at Blair Airport. Allowance #4.$22,488.88. Provide designated security cameras, sensors, and other items delivered and installed at proposed hangar building at Blair Airport. Allowance #5.$4,628.00. Provide designated television, television mounts, microwave oven and refrigerator delivered and set up at proposed hangar building at Blair Airport. Allowance #6415,000.00. Provide installation of data/phone/wireless infrastructure. All Equipment installed or moved pursuant to Allowances #1 through Allowances #6, inclusive, pursuant to this Addendum and Agreement shall remain the property of TENANT. However, any infrastructure (i.e. wires or cables) installed into the Premises, shall remain the property of the AUTHORITY. In the event of default under the Lease Agreement, said personal property of the TENANT shall be subject to a landlord's lien in favor of the AUTHORITY. [Signature page follows] 36 I . l IN WITNESS WHEREOF, the parties have executed this Addendum as of the day and year first above written. 2 i day DATED this ,2018. 7c" 6 City of Omaha, Omaha Police Department WITNESS AIRPORT AUT RITY OF THE CITY OF BLAIR STATE OF NEBRASKA ss. COUNTY OF _� r�c�`a S ) On this day of CA4er 2018, before me appeared 1 L, C. c,r S , of City of Omaha, Omaha Police Department, to me personally known, who, being duly sworn, did say that he is authorized to execute the foregoing instrument on behalf of said entity and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. GENERAL NOTARY • State of Nebraska SHERI L. WHITE My Comm, Exp, April 30, 2021 My commission expires q�3,Io2 ( 37 1-1'1z--1 0-�. Wbti' Notary Public STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) On this _� day of m 2018, before me appeared 1-10",V1, %ivy lcobt r of City of Blair Airport Authority, to me personally known, who, being duly sworn, did say that he is authorized to execute the foregoing instrument on behalf of said entity and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. GENERAL NOTARY -Slate of Nebraska SARAH BACKMAN NotarY Public II My Comm. Exp. April 10, 2021 My commission expires 38 UP, Ste L AIRCRAFT INFORMATION SHEET NAME: tit, V— 45'-'t- � kce ADDRESS: 0 % SS- S TELEPHONE:(I-I) / (C) EMAIL ADDRESS:.4-'. org IF NO EMAIL, PHONE- NUMBER FOR EMERGENCY TEXT MESSAGES: H / HANGAR NUMBER: l 2 - 4MI '?6 �/ e C//rw Ce tL yDZ' Irl+ 9' 2174 AIRCRAFrTAILNO: MAKE OF AIRPLANE: MODEL OF AIRPLANE: l�ZD4 NAME: ADDRESS TELEPHONE:(H) (C) EMAIL ADDRESS: IF NO EMAIL, PHONE NUMBER FOR EMERGENCY TEXT MESSAGES: HANGAR NUMBER: / AIRCRAFT TAIL NO: /V 'HOZ pD MAKE OF AIRPLANE: �cc Jr'lo/ `- MODEL OF AIRPLANE:%�� LLD7GX Revd 1.21.21 1 ® ACOR" CERTIFICATE OF LIABILITY INSURANCE 16.� 2/6/2023 DATE (MM/DD/YYYY) 2/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOckton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT NAME: PHONE FAX A/C No Ext): A/C No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Westchester Fire Insurance Company 10030 INSURED CITY OF OMAHA POLICE DEPARTMENT 1488872 11901 N. 72ND STREET INSURER B: INSURER C : INSURER D: OMAHA NE 68112 INSURER E : GENERAL AGGREGATE $ XXXXXXX INSURER F: $ COVFRAGFS CFRTIFICATE NUMBER: 17312,09 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL NSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FIOCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGE TO PREMISES (Ea occu D nce) $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑PEO LOC OTHER: GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea accident XXxxXXX BODILY INJURY (Per person) $ Y,)(Y,=X BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE $ y0Lxy1= Per accident $ XXxxXXX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ X== AGGREGATE $ XXXXXXX DED RETENTION $ $ XXXxxXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) if DESCdesc be under RIPTION OF OPERATIONS below N / A NOT APPLICABLE TH- STATUTE �R E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT $ XXXXXXX A AIRCRAFT LIABILITY Y N AACN11234744004 2/6/2021 2/6/2023 LIMIT: $5,000,000 WITH PASSENGERS LIMITED TO $1,000,000 EACH DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RFRTIFIRATF 41!11 r1FF'R CANCFI_LATION 17362679 BLAIR MUNICIPAL AIRPORT AUTHORITY 218 S. 16TH STREET GLAIR NE 68008 SHOULD ANY OF THE ABOVE DESCRIBED THE EXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY PROVISIONS. POLICIES BE CANCELLED BEFORE NOTICE WILL BE DELIVERED IN AUTHORIZED REPRESENTATIV I Al /4 ACORD 25 (2016/03) ©19881'2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD