Obligations of the User. Obligations to be assumed by the User shall include, but not be limited to, the following: A. To maintain the property and supervise its activities thereon in such a manner as to keep it in a safe and attractive condition. The premises shall not be used for the storage of inoperable or unsightly or non-airport related materials or equipment or for any other non-airport related uses. B. To conform to all current and future rules and regulations applicable to User by reason of the Master Plan, rules and regulations, policies, standards, and ordinances with respect to the Mesquite Airport, together with all other laws of the City or any other governmental body that have application to any of the activities covered under this lease, including safety, health and sanitary codes. The User agrees that failure to comply with such provisions is a material breach which may terminate this Agreement at the option of the City. User under lease agreement will be notified by certified mail of any proposed changes to Master Plan, rules and regulations, policies or standards proposed by Mesquite Airport. C. To be solely responsible for any damages or losses that may occur to the used property, unless caused by the willful, intentional or negligent act of the Owner, its agents or employees. The User is aware of and accepts the used property in as-is its present condition. D. To maintain insurance coverage for liability in the amount of $1,000,000.00 combined limit for a single occurrence, naming Owner as an additional insured on the policy. Proof of this liability insurance coverage shall be provided to the Owner each year with rental payments. The User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused wholly by the negligence, intentional acts or omissions of User, its agents or employees. E. User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of the User’s operations. F. To provide such vehicle parking, fire protection, and other requirements of the City of Mesquite applicable to building on and improvement of the property as may be required by ordinance and the Airport Master Plan and subsequently enforced by the City staff. G. To pay for any utilities that may in the future be provided to the premises, and to pay any taxes or assessments that may be properly levied against the used premises or improvements. H. To maintain the used premises in such condition of repair, cleanliness, and general maintenance as shall be acceptable to the Owner. I. To assign, rent or sublease any part of the premises only for airport purposes and only with provision of names and proof of insurance to the City as noted in reference “8d”. Commercial use of leased premises will not be allowed. J. To at all times during the term of this Agreement comply with all applicable federal, state and local laws and to not permit the used premises or any portion thereof to be used or operated unlawfully. K. To in no manner encumber the premises or permit, through its actions, any liens to be filled against the premises, indemnifying Owner, against loss or expense it may incur as the result of any such lien or encumbrance. L. To in no manner allow its operations to conflict with any other airport operations. M. To allow the Owner reasonable access to the premise for the purpose of determining conformation to the lease conditions or for any other lawful purpose.
Appears in 5 contracts
Samples: Airport Use Agreement, Airport Use Agreement, Airport Use Agreement
Obligations of the User. Obligations to be assumed by the User shall include, but not be limited to, the following:
A. To maintain the property and supervise its activities thereon in such a manner as to keep it in a safe and attractive condition. The premises shall not be used for the storage of inoperable or unsightly or non-airport related materials or equipment or for any other non-airport related uses. Vehicle may be stored in Hangar for purpose of transportation to and from the Mesquite Airport.
B. To conform to all current and future rules and regulations applicable to User by reason of the Master Plan, rules and regulations, policies, standards, and ordinances with respect to the Mesquite Airport, together with all other laws of the City or any other governmental body that have application to any of the activities covered under this lease, including safety, health and sanitary codes. The User agrees that failure to comply with such provisions is a material breach which may terminate this Agreement at the option of the City. User under lease agreement will be notified by certified mail of any proposed changes to Master Plan, rules and regulations, policies or standards proposed by Mesquite Airport.
C. To be solely responsible for any damages or losses that may occur to the used property, unless caused by the willful, intentional or negligent act of the Owner, its agents or employees. The User is aware of and accepts the used property in as-is its present condition.
D. To maintain insurance coverage for liability in the amount of $1,000,000.00 combined limit for a single occurrence, naming Owner as an additional insured on the policy. Proof of this liability insurance coverage shall be provided to the Owner each year with rental payments. The User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused wholly by the negligence, intentional acts or omissions of User, its agents or employees.
E. User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of the User’s operations.
F. To provide such vehicle parking, fire protection, and other requirements of the City of Mesquite applicable to building on and improvement of the property as may be required by ordinance and the Airport Master Plan and subsequently enforced by the City staff.
G. To pay for any utilities that may in the future be provided to the premises, and to pay any taxes or assessments that may be properly levied against the used premises or improvements.
H. To maintain the used premises in such condition of repair, cleanliness, and general maintenance as shall be acceptable to the Owner.
I. To assign, rent or sublease any part of the premises only for airport purposes and only with provision of names and proof of insurance to the City as noted in reference “8d”. Commercial use of leased premises will not be allowed.
J. To at all times during the term of this Agreement comply with all applicable federal, state and local laws and to not permit the used premises or any portion thereof to be used or operated unlawfully.
K. To in no manner encumber the premises or permit, through its actions, any liens to be filled against the premises, indemnifying Owner, against loss or expense it may incur as the result of any such lien or encumbrance.
L. To in no manner allow its operations to conflict with any other airport operations.
M. To allow the Owner reasonable access to the premise for the purpose of determining conformation to the lease conditions or for any other lawful purpose.
Appears in 1 contract
Samples: Airport Use Agreement
Obligations of the User. Obligations to be assumed by the User shall includeinclude all those outlined in the Facility Use Policy, but not be limited toand among others, the following:
A. a. To maintain the property and supervise its activities thereon in such a manner as to keep it in a safe and attractive condition. The premises shall not be used for the storage of inoperable or unsightly or non-airport related materials or equipment or for any other non-airport User related uses.
B. b. To conform to all current and future rules and regulations applicable to User by reason of the Master Planmaster plan, rules and regulations, policies, standards, and ordinances with respect to the Mesquite AirportFacility, together with all other laws of the City or any other governmental body that have application to any of the activities covered under this leaseAgreement, including safety, health and sanitary codes. The User agrees that failure to comply with such provisions is a material breach which may terminate this Agreement at the option of the City. User under lease agreement will be notified by certified mail of any proposed changes to Master Plan, rules and regulations, policies or standards proposed by Mesquite Airport.
C. c. To be solely responsible for any damages or losses that may occur to the used property, unless caused by the willful, intentional or negligent act of the OwnerCity, its agents or employees. The User is aware of and accepts the used property in as-is its present condition.
D. d. To maintain insurance coverage for liability in the amount of $1,000,000.00 combined limit for a single occurrenceextent permitted by law, naming Owner as an additional insured on the policy. Proof of this liability insurance coverage shall be provided to the Owner each year with rental payments. The User also agrees to indemnify fully, defend, save, save and hold harmless the OwnerCity, its elected officials, officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out from the User’s use of the Facility, including damages to the property or injuries to third persons or their property caused either wholly or partially by the negligence, negligence intentional acts or omissions of User, its agents or employees. In the event of concurrent negligence of the parties, each party shall be responsible for payment of any claim or judgment in proportion to the percentage fault attributed by the party, subject to any limits set forth in law, including those set forth in NRS Chapter 41.
E. User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of the User’s operations.
F. To provide such vehicle parking, fire protection, and other requirements of the City of Mesquite applicable to building on and improvement of the property as may be required by ordinance and the Airport Master Plan and subsequently enforced by the City staff.
G. To pay for any utilities that may in the future be provided to the premises, and to pay any taxes or assessments that may be properly levied against the used premises or improvements.
H. e. To maintain the used premises in such condition of repair, cleanliness, and general maintenance as shall be acceptable to the OwnerCity.
I. f. To not assign, rent or sublease any part of the premises only for airport purposes and only with provision premises. It is understood that any termination of names and proof the User’s direct operation of insurance to activities upon the City as noted in reference “8d”. Commercial use of leased premises will not be allowedcause Section 10 hereof to apply.
J. g. To at all times during the term of this Agreement comply with all applicable federal, state and local laws and to not permit the used premises or any portion thereof to be used or operated unlawfully.
K. h. The premises shall not be used for overnight habitation.
i. Vehicular access to the premises and parking is limited to the improved surfaces (asphalt and/or concrete) at the Facility.
j. To in no manner encumber the premises or nor permit, through its actions, any liens to be filled filed against the premises, indemnifying Owner, and to indemnify the City against loss or expense it may incur as the result of any such lien or encumbrance.
L. k. To in no manner allow allows its operations to conflict with the proper use of the Facility by any other airport operationsuser of the Facility, or the operations and needs of the City.
M. l. To allow procure and maintain liability insurance with commercial insurers admitted to write in the Owner reasonable access State of Nevada in an amount no less than $1,000,000 for all potential liability related to this Agreement, including, but not limited to the premise for activities of the purpose organization, employees, members, participants, and/or spectators while operating at the Facility, and to name the City as an additional insured on such policy. User shall maintain the policy in full force and effect during the life of determining conformation the Agreement. User shall obtain agreement of User’s insurer(s) to notify the CITY that a policy is due to expire at least ten (10) days prior to such expiration. User agrees to provide City with a current certificate of insurance prior to the lease conditions or for contract effective date. At City’s request, User also agrees to provide City with a copy of the insurance policy, including any other lawful purposeendorsements.
m. To post events open to the public to the City’s website calendar.
Appears in 1 contract
Samples: Facility Use Agreement
Obligations of the User. Obligations to be assumed by the User shall includeinclude all those outlined in the Facility Use Policy, but not be limited toand among others, the following:
A. a. To maintain the property and supervise its activities thereon in such a manner as to keep it in a safe and attractive condition. The premises shall not be used for the storage of inoperable or unsightly or non-airport related materials or equipment or for any other non-airport User related uses.
B. b. To conform to all current and future rules and regulations applicable to User by reason of the Master Planmaster plan, rules and regulations, policies, standards, and ordinances with respect to the Mesquite AirportFacility, together with all other laws of the City or any other governmental body that have application to any of the activities covered under this lease, including safety, health and sanitary codes. The User agrees that failure to comply with such provisions is a material breach which may terminate this Agreement at the option of the City. User under lease agreement will be notified by certified mail of any proposed changes to Master Plan, rules and regulations, policies or standards proposed by Mesquite Airport.
C. c. To be solely responsible for any damages or losses that may occur to the used property, unless caused by the willful, intentional or negligent act of the OwnerCity, its agents or employees. The User is aware of and accepts the used property in as-is its present condition.
D. To maintain insurance coverage for liability in the amount of $1,000,000.00 combined limit for a single occurrence, naming Owner as an additional insured on the policy. Proof of this liability insurance coverage shall be provided to the Owner each year with rental payments. d. The User also agrees to indemnify fully, defend, save, save and hold harmless the OwnerCity, its elected officials, officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out from the User’s use of the Facility, including damages to the property or injuries to third persons or their property caused either wholly or partially by the negligence, negligence intentional acts or omissions of User, its agents or employees. In the event of concurrent negligence of the parties, each party shall be responsible for payment of any claim or judgment in proportion to the percentage fault attributed by the party, subject to any limits set forth in law, including those set forth in Nevada Revised Statutes chapter 41.
E. User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of the User’s operations.
F. To provide such vehicle parking, fire protection, and other requirements of the City of Mesquite applicable to building on and improvement of the property as may be required by ordinance and the Airport Master Plan and subsequently enforced by the City staff.
G. To pay for any utilities that may in the future be provided to the premises, and to pay any taxes or assessments that may be properly levied against the used premises or improvements.
H. e. To maintain the used premises in such condition of repair, cleanliness, and general maintenance as shall be acceptable to the OwnerCity.
I. f. To not assign, rent or sublease any part of the premises only for airport purposes and only with provision premises. It is understood that any termination of names and proof the User’s direct operation of insurance to activities upon the City as noted in reference “8d”. Commercial use of leased premises will not be allowedcause Section 9 hereof to apply.
J. g. To at all times during the term of this Agreement comply with all applicable federal, state and local laws and to not permit the used premises or any portion thereof to be used or operated unlawfully.
K. h. The premises shall not be used for overnight habitation.
i. Vehicular access to the premises and parking is limited to the improved surfaces (asphalt and/or concrete) at the Facility.
j. To in no manner encumber the premises or nor permit, through its actions, any liens to be filled filed against the premises, indemnifying Owner, and to indemnify the City against loss or expense it may incur as the result of any such lien or encumbrance.
L. k. To in no manner allow allows its operations to conflict with the proper use of the Facility by any other airport operationsuser of the Facility, or the operations and needs of the City.
M. l. To allow procure and maintain liability insurance with commercial insurers admitted to write in the Owner reasonable access State of Nevada in an amount no less than $1,000,000 for all potential liability related to this Agreement, including, but not limited to the premise for activities of the purpose organization, employees, members, participants, and/or spectators while operating at the Facility, and to name the City as an additional insured on such policy. User shall maintain the policy in full force and effect during the life of determining conformation the Agreement. User shall obtain agreement of User’s insurer(s) to notify the CITY that a policy is due to expire at least ten (10) days prior to such expiration. User agrees to provide City with a current certificate of insurance prior to the lease conditions or for contract effective date. At City’s request, User also agrees to provide City with a copy of the insurance policy, including any other lawful purposeendorsements.
m. To post events open to the public to the City’s website calendar.
Appears in 1 contract
Samples: Facility Use Agreement