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Res 2017-170/approving the terms and conditions of an Airport Facility Lease agreement for commercial use with McKee Avionics for the Hangar located at 1838 Airport Drive
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Res 2017-170/approving the terms and conditions of an Airport Facility Lease agreement for commercial use with McKee Avionics for the Hangar located at 1838 Airport Drive
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12/28/2017 9:54:30 AM
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11/30/2017 12:49:01 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-170
Date
11/21/2017
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ARTICLE 13:LESSOR’S LIEN <br />13.01.The Lesseegrants to the Lessora valid firstsecurity interest upon all of the Lessee’s goods, chattels, <br />furniture, trade fixtures, inventory and other property upon the LeasedPremisesto secure all rents <br />and other sums due or to become due to the Lessor. The Lesseeexpressly 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 Lessormay 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. Lesseeshall complete and file all necessaryUCC Financing Statementforms <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 Lessorgrants permission to the Lesseefor the mortgaging of the Lessee’s leasehold interest in <br />the LeasedPremisesfor the sole purpose of obtaining funding for permanent improvements to the <br />LeasedPremises. The Lesseewill provide written notification to the Lessorof each such mortgage <br />within Ten(10)days after it is executed. The Lessoragrees that any lien in its favor arising under <br />this Leaseas to the LeasedPremiseswill be subordinate to the lien of the mortgagee under each <br />such mortgage. This clause is self-operativeand no further instrument of subordination need be <br />required by any mortgagee of the Lessee. The mortgaging by the Lesseeof its leasehold interest <br />In no <br />for any other purpose, however, shall require the advance written approval of the Lessor. <br />event, however, shall any lienbe asserted against the underlying fee simple interest of Lessor <br />in theLeasedPremises. <br />ARTICLE 15:OPERATION OF THE AIRPORTANDLESSOR’S ACCESS TO LEASED <br />PREMISES <br />15.01This 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 Lessorand the United <br />States Governmentor the State of Texas, which relates to the operation or maintenance of the <br />Airport and is required as a condition for the expenditure of federal funds for the development, <br />maintenance or repair of Airport infrastructure. In the event that any such existing or future <br />agreement directly causes a material restriction, impairment or interference with Lessee's primary <br />"Limitation" <br />operations on the LeasedPremises() for a period of less than seven (7) calendar days, <br />this Leaseshall continue in full force and effect. If the Limitation lasts more than seven (7) calendar <br />days, Lesseeand Lessorshall negotiate in good faith to resolve or mitigate the effect of the <br />1317 <br />Page of <br /> <br />
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