Suite G -BTABLAIR AIRPORT AUTHORITY LEASE OF LAND
THIS LEASE is made and entered into this I" day of December, 2020, by and between
City of Blair and City of Blair Airport Authority (hereinafter collectively referred to as
"AUTHORITY"), and BTA Hangars, LLC, a Nebraska corporation (hereinafter referred to as
"TENANT").
WITNESSETH:
WHEREAS, AUTHORITY is the owner of a certain tract of land more particularly
described hereinafter, which tract is located at the Blair Municipal Airport located in Washington
County (sometimes 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 under the terms and conditions hereinafter set forth for the
purpose of constructing thereon a 100 foot 4 inch by 92 foot 4 inch aircraft hangar 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 Twenty
Five (25) years commencing on the date this lease was entered into (commencement date), twenty-
five (25) 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
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 have the option of purchasing the hangar TENANT has constructed on the Premises, on
expiration of the Lease, at fair market value. The parties shall determine the fair market value by
the average amount of two (2) appraisals. Each party shall obtain an appraisal by a qualified land
appraiser at the party's own expense. The parties may waive the appraisal if they can otherwise
agree on the purchase price. If the TENANT sells the hangar at any time during the original lease
term or extension thereof to a buyer approved by the AUTHORITY, AUTHORITY will include a
new, separate twenty (20) year lease not tied to the TENANT'S lease in the new buyer's lease.
ARTICLE II - RENT
2.1 MONTHLY INSTALLMENTS. TENANT shall make monthly rental payments to
AUTHORITY in advance beginning on the Commencement Date equal to one -twelfth (1/12) of
the annual rent as set forth below. 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 $.080 per square
foot of area comprising 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 due shall be sent to TENANT with the first
month's billing. All additional monthly payments shall be due per this agreement without a
monthly statement being sent. Said rent shall continue in effect until modified in accordance with
Paragraph 2.3 below.
2.3 RENT MODIFICATION. The initial rent shall be adjusted beginning on the third
anniversary of the Commencement Date and every third anniversary thereafter for the entire term
of this Lease. The rent shall increase as indicated on the schedule below:
2023 The average increase in the CPI for the U.S Department of Labor, Kansas City
Region for the preceding 36 months.
2026 The average increase in the CPI for the U.S Department of Labor, Kansas City
Region for the preceding 36 months.
2029 The average increase in the CPI for the U.S Department of Labor, Kansas City
Region for the preceding 36 months.
2032 The average increase in the CPI for the U.S Department of Labor, Kansas City
Region for the preceding 36 months.
2035 The average increase inthe CPI for the U.S Department of Labor, Kansas City Region
for the preceding 36 months.
2038 The average increase in the CPT for the U.S Department of Labor, Kansas City Region
for the preceding 36 months.
2041 the average increase in the CPI for the U.S Department of Labor, Kansas City Region
for the preceding 36 months.
2044 The average increase in the CPI for the U. S Department of Labor, Kansas City Region
for the preceding 36 months.
2.4 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 (30) days prior written notice to AUTHORITY.
2.5 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 FEES 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.
2.6 REAL ESTATE TAXES AND UTILITY CHARGES. TENANT, as additional rent,
shall pay and discharge all such real estate taxes and assessments, and all such other charges and
payments of any kind and nature whatsoever, extraordinary, as well as ordinary, and whether or
not now within the contemplation of the parties, imposed by any governmental or public authority
as shall, during the Term herein granted, be imposed or become a lien in respect of the Premises
or any part thereof or upon any building or appurtenance thereto, or any part thereof, or which may
become due and payable with respect thereto, and all charges for water, gas, electricity, sewer,
telephone and other public utility service or services furnished to the Premises during the Term
hereof, but only to the extent that such taxes, assessments and charges are directly attributable to
the Premises. AUTHORITY will cooperate with TENANT in making the Premises a separate tax
parcel on the records of the public taxing authorities. 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 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 affect 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.
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ARTICLE III - DESCRIPTION OF PREMISES
3.1 REAL ESTATE. Subject to the terms and conditions herein expressed, 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 19,583.26 square feet, more or
less, located at the AIRPORT. On or before the Commencement Date, AUTHORITY shall
execute and deliver to TENANT, reasonable access to the Premises granting TENANT reasonable
pedestrian, vehicular, and aircraft access over 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 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. 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. . Provided further,
AUTHORITY reserves unto itself, its successors and assigns, all gas, oil and mineral rights
beneath the surface of the Premises.
3.2 NO ENCUMBRANCES. AUTHORITY represents and warrants that AUTHORITY is
the direct and beneficial owner of fee simple title to the Premises, free and clear of any exceptions
(including without limitation any deeds of trust, mortgages, security interests or other such
encumbrances) other than the master documents and other agreements identified in Paragraphs 4.3
and 6.7 herein and those items shown in the Title Commitment approved by TENANT.
AUTHORITY represents and warrants to TENANT that the Premises are not subject to any
exceptions that will have any adverse effect on TENANT'S use and enjoyment of the Premises and
the other rights granted herein other than the master documents and other agreements identified in
Paragraphs 4.3 and 6.7 herein.
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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 Term 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.
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. The BAA has constructed a taxi lane to be used by tenant and
other airport uses and the tenant will be responsible for the construction of the 45 feet of apron
between the tenant hangar and taxi lane. The 45 feet of apron will meet the specification to be
provided by BAA prior to construction. 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 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
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time to time by AUTHORITY, provided that such rules and regulations are applicable uniformly
to all users of the AIRPORT.
4.5. AVIATION FIELD 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 tenant applies for and is granted authority to operate self -fueling in compliance
with the AUTHORITY approved rules, regulations and minimum standards. 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 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 or as a guarantee by
AUTHORITY that the TENANT may self -fuel or operate a fuel storage system on the property.
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 sell or transfer
rights under this Lease with respect to the hangar, subject to the conditions of this paragraph. The
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TENANT shall give the AUTHORITY the right of first refusal to any sale, transfer, or assignment
of TENANT'S hangar, in writing to both the AUTHORITY and the AIRPORT MANAGER. If
the TENANT gives the AUTHORITY the right of first refusal to acquire the PROPERTY, then
the AUTHORITY shall have seventy-five (75) days to exercise its option of to buy, acquire, or
assume the hangar and property under this paragraph. FURTHERMORE, AUTHORITY agrees
that TENANT, after providing written notice to AUTHORITY, as well as a right of first refusal
(that will last no longer than 75 days after written notice of Tenants desire to sell) to AUTHORITY,
pursuant to Article (1.2), may freely sell or assign its rights hereunder with respect to hangar so
long as the assignment complies with all AUTHORITY rules and regulations, and the
AUTHORITY has approved the new buyer of the PROPERTY in writing. The AUTHORITY will
not unreasonably deny the new buyer approval to operate at the BAA, if the new buyer would
otherwise qualify for approval by the AUTHORITY for their own separate Lease. Any such buyer
of the hangar agrees that it will have its own separate lease with rights and obligations to the
PROPERTY as contemplated in Article I, Paragraph 1.2, above. Once the new buyer has assumed
all rights and obligations to the PROPERTY and the AUTHORITY has approved the same, the
TENANT'S obligations and rights with respect to this hangar shall release TENANT from any
further liability, rights, and obligations under this Lease. The parties hereby acknowledge and
agree that upon termination of this lease, 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 the AUTHORITY, unless said buildings, improvements, and fixtures
appurtenant to such buildings, are sold or assigned to a third party approved by the AUTHORITY
in writing.
4.9 ENCUMBRANCES. TENANT may encumber its leasehold estate by mortgage, deed
of trust or other instrument in the nature of a mortgage or deed of trust. In such event the Trustee
in said instrument, or payee or beneficiary in the note or other obligation secured by such
instrument, may deliver to AUTHORITY written notice showing the name and post office address
of such beneficiary, payee or Trustee. In the event such notice shall be given, then thereafter
AUTHORITY shall serve on such mortgagee, beneficiary, Trustee or payee, by certified mail at
the address given, or to any subsequent address thereafter given, a copy of every notice of default
thereafter served by AUTHORITY upon TENANT under the terms of this Lease, during the
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existence of such mortgage or deed of trust. Such copy shall be mailed not later than one (1) day
after service of the original upon TENANT.
4.10 MORTGAGEE'S RIGHTS. In the event TENANT shall subject its leasehold estate to
the lien of a mortgage or deed of trust (the owner of the debt or a mortgage trustee acting on behalf
of such owner being hereinafter called the "Mortgagee") as security for the payment of a loan as
aforesaid, and in the event that TENANT shall fail while said mortgage or deed of trust is a lien
on the leasehold estate created hereby to perform any of the covenants and agreements in this
Lease by it to be performed, or shall cause or permit the happening of any event set forth in Article
XII hereof, then and in such event this Lease shall not be deemed to have terminated for a default
of TENANT unless:
A. TENANT shall have failed to remedy the default in the time allotted therefore to
TENANT in and by the terms of this Lease; and
B. AUTHORITY shall have given written notice of such failure on the part of
TENANT to rectify the default by certified mail, return receipt requested, postage
prepaid, addressed to the person and at the address specified from time to time by
the Mortgagee; and
C. Mortgagee shall have failed within thirty (30) days after the receipt of such notice
to: (1) cure the default or defaults if such default or defaults can be cured by the
payment of a sum certain in money (e.g., the payment of rent, taxes or insurance
premiums) or (2) commence foreclosure proceedings (whether judicial or non -
judicial) in the case such defaults or default cannot be cured by the payment of
money as provided in subdivision (1) of subsection C of this section; provided that
such commencement of foreclosure proceedings shall not be deemed to preclude
any such termination of this Lease unless (a) Mortgagee shall prosecute such
foreclosure proceedings with diligence; (b) Mortgagee shall cure every such default
or defaults arising or continuing during the pendency of such foreclosure
proceedings, as can be cured by the payment of a sum certain in money (e.g. the
payment of rent, taxes or insurance premiums), within the thirty (30) day period
specified in Article XII; and (c) Mortgagee or its assigns shall commence to remedy
each such default under this Lease as cannot be cured by the payment of a stun
certain in money within thirty (30) days after acquiring in said foreclosure
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proceedings title to said leasehold estate and possession of the premises hereby.
Mortgagee shall notify AUTHORITY immediately when foreclosure is
commenced. Upon the curing of all defaults in this Lease, Mortgagee may, at its
option, terminate or abandon any pending foreclosure proceedings. Mortgagee
may, during the times above provided, require, suffer or permit TENANT to cure
defaults in this Lease. The provisions hereof shall inure to the benefit of the
Mortgagee, its successor and assigns. The provisions hereof shall not become
operative until Mortgagee shall give AUTHORITY notice in writing of the
consummation of a loan to TENANT secured by a mortgage or deed of trust upon
TENANT'S leasehold estate, and the same shall cease to be operative, except as to
rights and obligations then accrued thereunder, when and as soon as said loan shall
be paid. In the event of a mortgage foreclosure sale as above provided, it is agreed
by and between AUTHORITY and TENANT that: With respect to defaults which
occurred prior to such sale, the purchaser at the sale shall have the right to continue
to cure such pre-existing defaults; provided that it shall proceed under and in strict
compliance with the provisions of this Section; and the purchaser at any such
foreclosure sale (even though it may be the Mortgagee) shall, from and after its
purchase, be entitled to possession of the Premises subject always to the terms and
conditions of this Lease; saving to such purchaser the right to continue to cure pre-
existing defaults as hereinbefore specified. In any and all events, TENANT and
Mortgagee and those claiming or to claim under either of them shall have no right
in or to the freehold, or to any improvements erected thereon, by reason of anything
stated herein or inferable from any provisions hereof, and no authority, express or
implied, to create, place or claim any lien or encumbrance of any kind or nature
whatsoever upon, or in any manner or by any act, bind or affect, the interest, estate
or title of AUTHORITY in the premises or the improvements thereon.
4.11 RIGHTS AND OBLIGATIONS ON FORECLOSURE. In the event of the
foreclosure of, or the taking of possession of the Premises pursuant to, the lien secured by any
mortgage or deed of trust on the leasehold estate, this Lease shall remain in full force and effect
and the purchaser in foreclosure or mortgage trustee in possession, as the case may be, shall
succeed to all the rights of TENANT hereunder. Such purchaser or mortgage trustee, whether the
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Mortgagee or a third party, may continue the operation of the Premises only for the uses set forth
herein and all subleases shall remain in full force and effect, enforceable by such purchaser or
mortgage trustee according to the terms of said subleases.
4.12 ESTOPPEL CERTIFICATES. TENANT and AUTHORITY agree that from time to
time upon request of the other party, and within fifteen (15) days after receipt of such request,
TENANT or AUTHORITY, as the case may be, will execute and deliver said statements or certificates as
may be required by any lender or prospective purchaser of AUTHORITY or any lender or prospective
assignee or subtenant of TENANT (including any prospective hangar unit purchaser or assignee), or other
person regarding the status of this Lease, and the parties' rights, and obligations herein, including, without
limitation, dates to which rent has been paid, a statement confirming that the Lease continues in full force
and effect, an accurate statement as to the status of knowledge as to any default by AUTHORITY or
TENANT hereunder, and any other matter reasonably requested by TENANT or AUTHORITY, as the case
may be.
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 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 his designee, and to all other appropriate AUTHORITY officials. TENANT shall deliver a set
of 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
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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, unless said buildings, improvements, and fixtures appurtenant to such buildings,
are sold or assigned to a third party approved by the AUTHORITY in writing.
5.2 PERFORMANCE AND PAYMENT BONDS. In the event TENANT 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 an additional 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.
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. TENANT and AUTHORITY agree that tenant shall
be allowed to construct the building (Hangar), together with necessary footings over the
Authorities utilities, including the main airport electrical conduit bank. TENANT shall be solely
responsible for providing any or all structural engineering necessary for protecting the Authority
utilities, including the main airport electrical conduit bank, from damage during construction and
during the life of this agreement. The cost to repair or relocate any damage to Authority utilities,
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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 damage 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
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
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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. The TENANT shall furnish proof of
insurance noting the AUTHORITY is a loss payee on the PROPERTY and shall furnish proof of
continued coverage upon demand by the AUTHORITY. 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 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
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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 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
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
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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 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. TENANT shall pay all property taxes and assessments
of any nature levied on the Premises, only to the extent attributable to the Premises, by an
authorized governmental agency and shall provide written proof of payment to AUTHORITY.
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 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 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.
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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.
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
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(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 patties.
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
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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.
ARTICLE IX - LIENS AND SURETY BOND
9.1 TENANT'S DUTY TO KEEP PREMISES FREE OF LIENS. TENANT shall keep all
of the Premises and every part thereof and all buildings and other improvements at any time
located thereon free and clear of any and all mechanics', materialmen's, and other liens for or
arising out of or in connection with work. or labor done, services performed, or materials or
appliances used or furnished for or in connection with any operations of TENANT, any alteration,
improvement, or repairs or additions which TENANT may make or permit or cause to be made,
or any work or construction, by, for, or permitted by TENANT on or about the Premises, or any
obligations of any Lind incurred by TENANT. TENANT shall at all times promptly and fully pay
and discharge any and all claims on which any such lien may or could be based, and indemnify
and hold harmless AUTHORITY and all of the Premises and all buildings and improvements
thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto;
failure to do so shall constitute default. Provided further, that nothing herein contained shall be
construed to male TENANT the agent of AUTHORITY for the purpose of binding the Premises.
9.2 CONTESTING LIENS. If TENANT desires to contest any such lien, it shall notify
AUTHORITY of its intention to do so within thirty (30) days after TENANT receives notice of
the filing of such lien. In the event TENANT elects to so contest such lien, TENANT shall not be
in default hereunder until thirty (30) days after the final determination of the validity thereof,
within which time TENANT shall satisfy and discharge such lien to the extent held valid. Provided
that in the event of any such contest, TENANT shall protect and indemnify AUTHORITY against
all loss, expense, and damage resulting therefrom.
9.3 SURETY BOND.
In order to assure payment of contractors hired to construct and improve the premises, to
assure that all improvements are constructed in a workmanlike fashion, and to assure that no liens
attach to the premises, TENANT, at its sole expense and in its sole discretion, shall either:
9.3a. Obtain a surety bond asset forth herein; or
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9.3b. Supervise construction and obtain lien waivers from all contractors and
subcontractors as may be employed to construct said improvements, prior to any performance
payment, whether partial or full; or
9.3c. Both obtain a surety bond as set forth herein and supervise construction and obtain
lien waivers from all contractors and subcontractors as may be employed to construct said
improvements, prior to any performance payment whether partial or full.
Should TENANT elect to obtain a surety bond pursuant to these provisions, then TENANT
shall require any contractor or subcontractor hired to construct improvements on the premises to
satisfy the requirements of AUTHORITY by furnishing to AUTHORITY a bond with good and
sufficient sureties, in an amount reasonably fixed by AUTHORITY, and such bond shall be
conditioned for the payment of any and all materials, equipment, and tools used in connection with
the construction of such improvements, and all insurance premiums, both for workers
compensation and for all other kinds of insurance on said work, and for all labor performed in such
work whether by subcontractor or otherwise.
Should TENANT elect to obtain a surety bond, and obtain lien waivers, then TENANT
shall comply with both of the foregoing provisions.
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 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.
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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 change
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 sub -paragraph
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 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
22
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.
11.8 WHOLE CONTRACT. This docurnent 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, at P.O. Box 34848, Omaha, NE 68134 and to AUTHORITY, c/o Airport
Manager, 218 South 16th Street, Blair Nebraska 68008. Notwithstanding the foregoing, any notice
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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 Tenn 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) 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.
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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 system 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 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 195 8, as amended, and
such other laws of the United States as pertain to the lawful operation of AIRPORT.
M
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 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.
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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 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
27
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
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 from 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 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.
5. 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
28
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 Enviromnental
Response, Compensation, and Liability Act, 42 U.S.C. §9601, 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 pant, directly or
indirectly, by TENANT'S failure to comply with any Environmental Laws or any
covenants, terms or conditions relating to 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
29
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 I L21 (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 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 agreement to the contrary, AUTHORITY
represents and warrants to TENANT to the best of AUTHORITY'S knowledge, the
30
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.
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
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 (30) 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
31
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, 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.
32
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.
ARTICLE XIV - WAIVER OF LANDLORD LIEN
14.1 WAIVER OF LANDLORD LIEN. AUTHORITY hereby waives 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. AUTHORITY
agrees that, within fifteen (15) days after receipt of a written request from TENANT,
AUTHORITY will execute and deliver such statements or certificates as may be required by any
person regarding the status of this Lease, and the parties' rights, and obligations herein, including,
without limitation, an accurate statement as to the waiver contained in this Paragraph 14.1.
[ Signatures on following pages]
33
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
DATED this day of November, 202
WITNE
WITNE -- ORT A ORITY F
CITY OF BLAIR
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
On this /2- day of ljyvembee' , 2020, before me appeared
I m a• 1- j 4acAd-e v, , 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
BRENDA R WHEELER
My Comm. Exp. June 20, 2024
My commission expires
STATE OF NEBRASKA
34
(/U
Notary Public
) ss.
COUNTY OF WASHINGTON )
nn_� On this � day of %yb 415,1 Le- r- , 2020, before me appeared
Uc cU C Ernhs , of City of Blair Airport Authority, to me personally
known, whbeing 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.
My commission expires
GENERAL NOTARY - State of Nebraska
BRENDA RWHEELER
My comm. �. June 20, 2024 Notary Public
EXHIBIT A
61
[INSERT ADDRESS AND DESCRIPTION OF THE LEASED LAND]
EXHIBIT B TAXIWAY
36
N
GRAPHIC SCALE
o' 5a tonr
NORTH QUARTER CORNER
SECTION 30 -T17N - R12E
FOUND AXLE SHAFT
0.33' WEST TO T FENCE POST
5.5' SW TO 60D SPIKE IN TREE
2.5' SE TO 60D SPIKE IN TREE
Co
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N 87°34'26" E "P��
A
LEGAL DESCRIPTION - HANGAR LEASE AREA
A TRACT OF LAND LOCATED 1N THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 17 NORTH, RANGE 12 EAST OF THE SIXTH -PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
NEBRASKA, DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE ON AN ASSUMED BEARING OF
S 2°25'34" E, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 2063.17 FEET;
THENCE N 87'3426'E A DISTANCE OF 214.22 FEET TO THE POINT OF BEGINNING; THENCE
N 89°39'08" E A DISTANCE OF 38.77 FEET; THENCE N 44"39'08" E A DISTANCE OF 109.92 FEET, -
THENCE N 45°20'52" W A DISTANCE OF 145.33 FEET; THENCE S 44°39'08" W A DISTANCE OF 137.33
FEET; THENCE S 45°20'52" E A DISTANCE OF 117.92 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 19,583.26 SQUARE FEET (0.45 ACRES).
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�O HANGAR LEASE AREA
\ �a 1Q683.26 SQ. FT.
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SANITARY SEWER MANHOLE
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HANGAR LEASEAREA �Oti
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SECTION 30-T17N-R12E
FOUND V IRON PIPE
33.0' W -NW TO A 112" REBAR
24,2'N -NE TO A 1/2" REBAR
8.28'E -NE TO X NAILS IN TOP OF BRACE POST
1.1' NORTH TO X NAILS IN CORNER POST
SURVEYOR'S CERTIFICATE
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1, JOHN R. EGGER, A PROFESSIONAL REGISTERED LAND SURVEYOR UNDER THE LAWS OF
THE STATE OF NEBRASKA, CERTIFY THATTHE SURVEY REPRESENTED ON THIS PLAT WAS
PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND COMPLETED ON SEPTEMBER 24, 2014.
THE MONUMENTS AND DISTANCES SHOWN ARE CORRECT TO THE BEST OF MY KNOWLEDGE AND -
BELIEF. PERMANENT MONUMENTS WERE FOUND AS DESCRIBED ON THIS SURVEY RECORD. ALL
DISTANCES SHOWN ARE REPRESENTED IN FEET AND DECIMr.LS OF A FOOT.
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HANGAR LEASEAREA �Oti
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SECTION 30-T17N-R12E
FOUND V IRON PIPE
33.0' W -NW TO A 112" REBAR
24,2'N -NE TO A 1/2" REBAR
8.28'E -NE TO X NAILS IN TOP OF BRACE POST
1.1' NORTH TO X NAILS IN CORNER POST
SURVEYOR'S CERTIFICATE
N
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SECTION 30 -TWN - R12E
1, JOHN R. EGGER, A PROFESSIONAL REGISTERED LAND SURVEYOR UNDER THE LAWS OF
THE STATE OF NEBRASKA, CERTIFY THATTHE SURVEY REPRESENTED ON THIS PLAT WAS
PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND COMPLETED ON SEPTEMBER 24, 2014.
THE MONUMENTS AND DISTANCES SHOWN ARE CORRECT TO THE BEST OF MY KNOWLEDGE AND -
BELIEF. PERMANENT MONUMENTS WERE FOUND AS DESCRIBED ON THIS SURVEY RECORD. ALL
DISTANCES SHOWN ARE REPRESENTED IN FEET AND DECIMr.LS OF A FOOT.
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