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Res 2017-073/Berry Aviation lease
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Res 2017-073/Berry Aviation lease
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-73
Date
4/18/2017
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or <br />d. The use is prohibited at the Airport. <br />Such consent shall be deemed to have been granted if written notice of non -consent is not <br />received by Lessee within thirty (30) days of a written request for consent. <br />14.02. Sublease. Notwithstanding the provisions of Section 14.02, Lessee may sublease office, <br />hangar and tie -down space to subtenants without Airport Management's prior consent <br />provided that (i) the sublease or other use and occupancy agreement is expressly subject to <br />and subordinate to this Lease, and (ii) the terms of the sublease or other use or occupancy <br />agreement are consistent with the terms and conditions of this Lease. Additionally, Lessee <br />shall provide Airport Management with a list of subtenants no more than two times per <br />calendar year. <br />14.03. No Release. Except for a Permitted Assignment or assignment to a Qualified Lessee (as <br />defined below) to which Lessor has consented pursuant to Section 14.01, no assignment, <br />sublease or grant of use and occupancy rights shall relieve Lessee of its obligations to <br />Lessor hereunder. Any assignment, transfer or sublease that is not permitted under this <br />Lease and has not been authorized by Lessor in writing shall be void. As used herein: <br />1) "Permitted Assignment" means the transfer of all of part of Lessee's <br />interest in this Lease or all or part of the Leased Premises to the following types of <br />entities without the written consent of Lessor: <br />a) Any transfer to a trust or other entity in connection with estate <br />planning of Lessee's principal shareholder(s); <br />b) Any transfer to an affiliate (by common ownership) or subsidiary <br />of Lessee. <br />C) Any transfer to a corporation, limited partnership, limited liability <br />partnership, limited liability company or other business entity in which or <br />with which Lessee, or its corporate successors or assigns, is merged, <br />consolidated or reorganized, so long as Lessee's obligations hereunder are <br />assumed by the entity surviving such merger or created by such <br />consolidation or reorganization. <br />d) Any transfer to a corporation, limited partnership, limited liability <br />partnership, limited liability company or other business entity acquiring <br />all or substantially all of Lessee's or of Tenant's business operations in the <br />Leased Premises. <br />e) Any transfer to a Qualified Lessee. <br />2) "Qualified Lessee" means a person or entity with a net worth equal to or <br />greater than an amount equal to three hundred percent (300%) of the then -unpaid <br />Rent obligations of Lessee hereunder. <br />17 <br />
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