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Res 2017-039/approving a five-year airport facility lease agreement with Civil Air Patrol for the building located at 1915 Airport Drive
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Res 2017-039/approving a five-year airport facility lease agreement with Civil Air Patrol for the building located at 1915 Airport Drive
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4/10/2017 11:39:00 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-39
Date
3/7/2017
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DocuSign Envelope ID: 35EE2E27-4F45-474D-B557-0B0A649C19A6 <br />11.02. In the event of an assignment by the Lessor of all of its interest in this Lease to a person, firm or <br />corporation that assumes all of the LessorLessee agrees to look solely to the <br />responsibility of the successor-in-interest of the Lessor. Any security given by the Lessee to <br />secure performance of its obligations may be assigned and transferred by the Lessor to its <br />successor-in-interest, and the Lessor shall be released of any further obligations under this Lease. <br /> <br /> <br />ARTICLE 12: EVENTS OF DEFAULT AND REMEDIES; TERMINATION <br /> <br />12.01. The following events shall be events of default by the Lessee under this Lease: <br /> <br /> <br />a. <br />The Lessee fails to pay when due any rental or any other sums or charges due under this <br />Lease, and such failure continues for seven (7) days following written notice thereof <br />(provided, however, that Lessor shall be obligated to give only two such notices in any <br />calendar year, and after such two notices, Lessor will no longer be obligated to give any other <br />notice under this Section within such calendar year). <br /> <br /> <br />b. <br />The Lessee fails to comply with any other term, provision, or covenant of this Lease, and <br />does not cure the failure within thirty (30) days after written notice to the Lessee. However, <br />if Lesseebe cured within thirty (30) days, Lessee shall <br />be allowed additional time (not to exceed sixty (60) days) as is reasonably necessary to cure <br />the failure so long as Lessee commences to cure the failure within fifteen (15) days and <br />Lessee diligently pursues a course of action that will cure the failure. For any subsequent <br />default by the Lessee for the same or any other reason, the Lessor may terminate the Lease if <br />that subsequent default continues for more than three (3) days after notice of the subsequent <br />default. <br /> <br /> <br />c. <br />The Lessee becomes insolvent, makes a transfer in fraud of creditors, or makes an assignment <br />for the benefit of creditors. <br /> <br /> <br />d. <br />The Lessee commences, or another party commences against the Lessee, proceedings in <br />bankruptcy, for reorganization, or for the readjustment or arrangement of its debts under the <br />bankruptcy laws of the United States or under any other law. <br /> <br /> <br />e. <br />A receiver or trustee is appointed for all or substantially all of the assets of the Lessee. <br /> <br /> <br />f. <br />The Lessee abandons or vacates all or any substantial portion of the Leased Premises for 120 <br />consecutive days. <br /> <br /> <br />g. <br />Lessee defaults on any mortgage advanced by a lender to finance the Facilities, <br />improvements, or fixtures for the Leased Premises <br /> <br />12.02. The acceptance by the Lessor of the Lessee subsequent to the occurrence of any event <br />of default shall be considered to be compensation for Lesseeuse and occupancy of the Leased <br />1016 <br />Page of <br /> <br /> <br />
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