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Res 2017-058/approving a 19-month Airport Facility Lease Agreement with Coast Flight Management and Training, Inc
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Res 2017-058/approving a 19-month Airport Facility Lease Agreement with Coast Flight Management and Training, Inc
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5/15/2017 11:32:23 AM
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4/26/2017 12:00:56 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-58
Date
4/4/2017
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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 /> agrees to pay all reasonable attorney's fees incurred by the Lessor, within thirty (30) days of the <br /> Lessor's issuance of a statement for the fees to the Lessee. <br /> ARTICLE 13: LESSOR'S LIEN <br /> 13.01. The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods,chattels, <br /> furniture,trade fixtures, inventory and other property upon the Leased Premises to secure all rents <br /> and other sums due or to become due to the Lessor. The Lessee expressly waives all exemption <br /> laws in favor of this security interest; and it is agreed that this express security interest shall be in <br /> addition to, and not as a waiver of or substitute for any statutory or other liens of the Lessor. In <br /> connection with this security interest, it is agreed that in the event of a breach or default by the <br /> Lessee, the Lessor may exercise all rights and remedies provided to a secured party after default <br /> under the Uniform Commercial Code("UCC"), as adopted and amended in Texas,with respect to <br /> all such property, including, without limitation, the right to take and retain possession of the <br /> property and to sell it at public or private sale, or to use it in any other manner authorized or <br /> provided in the UCC. Lessee shall complete and file all necessary UCC Financing Statement forms <br /> with the Texas Secretary of State's necessary to perfect the Lessor's security interest in the <br /> property, and proceeds thereof under the provisions of the Uniform Commercial Code and provide <br /> copies of the Financing Statement forms to the Airport Management. <br /> ARTICLE 14: LESSEE'S MORTGAGE OF LEASEHOLD INTEREST <br /> 14.01. The Lessor grants permission to the Lessee for the mortgaging of the Lessee's leasehold interest in <br /> the Leased Premises for the sole purpose of obtaining funding for permanent improvements to the <br /> Leased Premises. The Lessee will provide written notification to the Lessor of each such mortgage <br /> within Ten(10)days after it is executed. The Lessor agrees that any lien in its favor arising under <br /> this Lease as to the Leased Premises will be subordinate to the lien of the mortgagee under each <br /> such mortgage. This clause is self-operative and no further instrument of subordination need be <br /> required by any mortgagee of the Lessee. The mortgaging by the Lessee of its leasehold interest <br /> for any other purpose, however, shall require the advance written approval of the Lessor. In no <br /> event,however,shall any lien be asserted against the underlying fee simple interest of Lessor <br /> in the Leased Premises. <br /> ARTICLE 15: OPERATION OF THE AIRPORT AND LESSOR'S ACCESS TO LEASED <br /> PREMISES <br /> 15.01 This Lease, and any interest granted to any lender or other third party by Lessee, shall be <br /> subordinate to the provisions of any existing or future agreement between Lessor and the United <br /> States Government or the State of Texas, which relates to the operation or maintenance of the <br /> Page 13 of 17 <br />
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