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Res 2015-081/approving a five year Airport Facility Lease Agreement with Central Texas Wing, Commemorative Air Force, Inc. for the hangar space located at 2249 Airport Drive
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Res 2015-081/approving a five year Airport Facility Lease Agreement with Central Texas Wing, Commemorative Air Force, Inc. for the hangar space located at 2249 Airport Drive
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8/20/2015 9:38:43 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-81
Date
7/21/2015
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2.06. Returned Checks: In addition to the foregoing late charges, Lessee shall reimburse Airport <br />Manager or Lessor for each check Lessee tenders to Airport Manager that is returned or not <br />honored by the institution on which it is drawn for any reason. Lessee must make any returned <br />check good by paying such amount(s) plus any associated charges in certified finds. Any sums <br />required to be paid hereunder and not paid when due, including attorneys' fees, shall bear <br />interest, until paid, at the lesser of the following rates: (i) 18% per annum; or (ii) the highest rate <br />allowed under applicable law. Interest shall accrue on monthly rental payments and late charges <br />from the fifth day of each month until such payments are received by Airport Manager and, on <br />returned check charges, until such returned check is made good. All agreements between Lessor <br />and Lessee, whether herein contained or in any other instrument or agreement, whether written or <br />oral, are hereby expressly limited so that in no contingency or event whatsoever shall any <br />acceleration of rents due, late charges, returned check charges, interest charges, or any other <br />charges whatsoever, be deemed as interest charged, contracted for or received in excess of the <br />amount permitted under applicable law, it particularly being the intention of the parties hereto to <br />conform strictly to the laws of the State of Texas. Any portion of such charges which are deemed <br />as interest in excess of the amount permitted under applicable law, as of the date such charge is <br />due, shall be applied to a reduction of the rental payment next coming due hereunder, or, if such <br />portion of charges exceeds the rental payment next coming due hereunder, such amount shall be <br />refunded to Lessee. If a specific due date for any monetary obligation owed by Lessee to Lessor <br />is not provided for in this Agreement, the due date for such obligation shall be that date which is <br />ten (10) days after Lessor delivers a written request for payment to Lessee. <br />2.07. Except with the Lessor's prior written consent, Lessee will not be released from this Agreement <br />for any reason — including but not limited to voluntary or involuntary job transfer, change of <br />marital status, loss of co- tenant, loss of employment, bad health, or the sale or disposition of the <br />Aircraft. Lessee is obligated to the terms and conditions of this Agreement, including the <br />payment of rent, for the entire Primary Term, from the Commencement Date through the <br />Expiration Date, and for each month thereafter (if any) until this Agreement is terminated. <br />2.08. In the event Lessee holds over after the expiration of this Lease, such hold over status will create <br />a month -to -month tenancy. In this event, Lessee agrees to pay the rental amount set for the <br />premises at the date of expiration of this Lease plus fifty (50 %) percent, which is the holdover <br />month -to -month tenancy rate. Said holdover tenancy will be subject to all other terms and <br />conditions of this Lease. <br />2.09. The Lessee agrees to pay to the Lessor a monthly fee for the use of tie -down or any other Airport <br />Facilities for aircraft, motor vehicles or any other equipment or items which are outside of the <br />Leased Premises and under the custody and control of the Lessee or its employees, agents or <br />customers. The Airport Facilities will be charged at the then - established standard rental or use <br />fee prescribed by the Lessor. <br />2.10. The Lessee shall provide access to the Lessor, upon reasonable notice, to all business records <br />necessary to verify the percentage of gross receipts rental due under this Lease. If this Lease <br />Page 4 of 20 <br />
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