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Res 2017-057/a five-year commercial facility lease agreement with Compliance Aviation, Inc. d/b/a Blue Skies Aviation for the hangar located at 1815 Airport Drive
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Res 2017-057/a five-year commercial facility lease agreement with Compliance Aviation, Inc. d/b/a Blue Skies Aviation for the hangar located at 1815 Airport Drive
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5/3/2017 3:46:55 PM
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4/26/2017 12:00:32 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-57
Date
4/4/2017
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g. Lessee defaults on any mortgage advanced by a lender to finance the Facilities, improvements, <br />or fixtures for the Leased Premises <br />12.02. The acceptance by the Lessor of the Lessee's monthly payments subsequent to the occurrence of <br />any event of default shall be considered to be compensation for Lessee's use and occupancy of the <br />Leased Premises, and shall in no way constitute a waiver by the Lessor of its right to exercise any <br />remedy provided for any event of default. <br />12.03. Upon the occurrence of any of the events of default, the Lessor shall have the option to pursue any <br />one (1) or more of the following remedies without any notice or demand whatsoever: <br />a. Terminate this Lease. In this event the Lessee shall immediately surrender the Leased Premises <br />to the Lessor, and if the Lessee fails to do so, the Lessor may enter and take possession of the <br />Leased Premises and remove the Lessee and any other person occupying the premises, by force <br />if necessary, without prejudice to any other remedy it may have for possession or arrearages in <br />rent, and without being liable for any resulting damages. The Lessee agrees to pay to the Lessor <br />the amount of all resulting costs, losses, and damages incurred by the Lessor within thirty (30) <br />days of the Lessor's issuance of a statement to the Lessee. If Lessor terminates this Lease, <br />Lessee shall be deemed to have relinquished all right, title and interest in and to all real property <br />improvements and the Facilities on the Leased Premises and such shall become the property of <br />the Lessor. <br />b. Relet the Leased Premises and receive the rent. The Lessee agrees to pay to the Lessor any <br />resulting costs, and any deficiency that may arise by reason of reletting, within thirty (30) days <br />of the Lessor's issuance of a statement to the Lessee. <br />c. Enter the Leased Premises, by force if necessary, without being liable for prosecution or any <br />claim for damages, and do whatever the Lessee is obligated to do under the terms of this Lease. <br />The Lessee agrees to reimburse the Lessor for any expenses the Lessor incurs in effecting <br />compliance with the Lessee's obligations under this Lease, within thirty (30) days of the <br />Lessor's issuance of a statement for the expenses to the Lessee. The Lessor and its officers, <br />agents and employees shall not be liable for any damages or injuries that result to the Lessee <br />from any action taken under this paragraph, whether caused by the negligence of the Lessor or <br />otherwise. <br />12.04. The Lessor's pursuit of any of these remedies will not preclude pursuit of any other remedies <br />provided under this Lease or by law, nor will pursuit of any remedy constitute a waiver of any rent <br />due to the Lessor or of any damages caused to the lessor by any violation of this lease by the Lessee. <br />Any failure by the Lessor to enforce a remedy upon an event of default shall not be deemed to <br />constitute a waiver of the default or of the Lessor's right to insist on strict compliance with this <br />Lease. <br />12.05. If it becomes necessary for the Lessor to employ an attorney to enforce or defend any of the Lessor's <br />rights or remedies because of any breach or default by the Lessee under this Lease, the Lessee <br />Page 12 of 17 <br />
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