Exhibit 10.9(c)
LEASE AGREEMENT BETWEEN THE AIRPORT AUTHORITY
OF THE CITY OF LINCOLN, NEBRASKA
AND
BIONEBRASKA, INC.
1. This will confirm that the Airport Authority has, effective November
1, 1999, rented to you Building No. 2378, in Lincoln Air Park West as outlined
in red on the attached Exhibit "A". Tenancy will be from month to month with
payment due on the first of each calendar month, beginning November 1, 1999.
Notice of termination must be given a month in advance on or before the first of
the month.
2. Lessee shall pay Authority as rent for the premises leased, the sum
of $190.00 per month payable in advance on the first day of each month. Lessee
shall use the premises for storage.
3. This lease shall in every sense be without cost to Authority. Lessee
shall pay for all utility services supplied to said premises including standard
metering devices for the measurement of such services, and shall arrange for
initiation of such services. Lessee shall, at its own cost, keep and maintain
the premises in good order, condition, and repair. Lessee acknowledges that the
premises are in good order, condition, and repair upon entry and agrees upon
termination of this agreement to surrender the premises to Authority in the same
condition as received, reasonable use and wear thereof and damage by fire, act
of God, or the elements excepted. The condition and service life of the
building's roof is unknown. The Lessee is relieved from responsibility to repair
the roof. The Airport Authority will use reasonable and cost effective measures
to make repairs to the roof if necessary. The Airport Authority reserves
the right to terminate this lease if repair costs are not economically feasible.
Lessee will completely remove all of its property from the premises upon
termination of the rental period.
4. Lessee agrees that all storage of equipment, materials or supplies
will be maintained within the building (temporary storage for loading and
unloading accepted) and Lessee will cause to be removed at its own expense all
junk, waste, garbage and rubbish and perform necessary mowing and snow removal
and agrees not to deposit the same on any part of the Airport, except Lessee may
deposit the same temporarily on the demised premise in connection with
collection for removal.
5. Lessee agrees to hold harmless and indemnify the Airport Authority
from any and all claims of liability for bodily injury or property damage
resulting from Lessee's occupation or use of the described premises except
resulting from the sole negligence of Authority. Lessee agrees to obtain
liability insurance in the amount of One Million Dollars ($1,000,000) including
the Airport Authority as an additional insured. Said insurance policy shall
contain a provision to
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notify the Airport Authority in writing thirty (30) days prior to any
cancellation or reduction of coverage.
6. All rentals due under this Agreement shall be paid, without notice
to the Lessee, to the Airport Authority of the City of Lincoln, Nebraska. An
additional charge of fifteen percent (15%) per annum on unpaid items shall be
made by Authority, for such period as any amount due under this agreement shall
remain unpaid for more than ten (10) days after billing. Such charge shall not
accrue upon any item about which there exists a bona fide dispute.
7. It is understood and agreed that Authority reserves the right to
increase the rental rate for the premises, upon at least thirty (30) days prior
written notice from the first day of the month.
8. All notices to be given pursuant to the lease shall be addressed to
the Airport Authority, X.X. Xxx 00000, Xxxxxxx, Xxxxxxxx 00000, or to the Lessee
herein named at: 0000 X.X. 00xx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000.
Phone: (000) 000-0000; 0-000-000-0000; FAX (000) 000-0000.
Notice shall be deemed to have been duly given if and when enclosed in a
properly sealed envelope or wrapper addressed as aforesaid and deposited,
postage prepaid, in a post office regularly maintained by the United States
Government.
9. It is understood and agreed that Lessee shall not assign the lease
or sublet the premises in whole or in part.
10. Lessee shall comply with all applicable requirements of all
municipal, federal and state authorities now in force or which may hereafter be
in force, and will observe in the use of the premises all applicable municipal
ordinances, state and federal statutes now in force or hereafter to be in force
and Lessee and its tenants, employees, agents and servants shall obey such
reasonable rules and regulations as may from time to time be promulgated by the
Airport Authority or its authorized agents.
11. The Lessee for himself, his heirs, personal representatives,
successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that in the event
facilities are constructed, maintained, or otherwise operated on the said
property described in this lease 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, the Lessee 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.
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12. The Lessee for himself, his personal representative, 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 race, 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 race, color or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subject
to discrimination, (3) that the Lessee 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.
13. Authority reserves the right (but shall not be obligated to Lessee)
to maintain and keep in repair the landing area of the airport, together with
the right to direct and control all activities of the Lessee in this regard.
14. 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 Lessee, and without
interference or hindrance.
15. Authority reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against obstruction,
together with the right to prevent Lessee from erecting, or permitting to be
erected, any building or other structure on the airport which in the opinion of
Authority would limit the usefulness of the airport or constitute a hazard to
aircraft.
16. During the time of war or national emergency, Authority shall have
the right to enter into an agreement with the United States Government for
military or naval use of part or all of the landing area, the publicly-owned air
navigation facilities the provisions of this instrument, insofar as they are
inconsistent with the provisions of the agreement with the Government, shall be
suspended.
17. It is understood and agreed that the rights granted by this
agreement will not be exercised in such a way as to interfere with or adversely
affect the use, operation, maintenance or development of the airport.
18. There is hereby reserved to the 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 airspace above the surface of the
premises herein conveyed together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter
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used for navigation of or flight in the air, using said airspace or landing at,
taking off from or operating on or about the airport.
19. This lease shall become subordinate to provisions of any existing
or future agreement between the 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.
AIRPORT AUTHORITY OF THE CITY
OF LINCOLN, NEBRASKA
By: /s/ X. Xxxx
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Xxxx Xxxx, Executive Director
I HEREBY AGREE TO THE FOREGOING TERMS.
Dated this 18th day of November, 1999.
BIONEBRASKA, INC.
By: /s/ Xxxxx Xxxxxx
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Lessee
