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Res 2023-019/approving an airport facility redevelopment agreement for commercial use with US Aviation Group, LLC for the lease of airport
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Res 2023-019/approving an airport facility redevelopment agreement for commercial use with US Aviation Group, LLC for the lease of airport
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4/24/2023 1:36:09 PM
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2/21/2023 4:28:49 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-019
Date
1/17/2023
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DocuSign Envelope ID:CFOA3C46-0329-49E2-B3D4-269BO64BBEC1 <br /> 15.03 Lessee's Remedies. If a Lessor Default occurs, Lessee may at any time thereafter and prior to the <br /> cure thereof do any one or more of the following: <br /> a. Terminate this Lease. Lessee may terminate this Lease by giving Lessor written notice <br /> thereof, in which event this Lease and the leasehold estate hereby created and all interest <br /> of Lessee and all parties claiming by,through or under Lessee shall automatically terminate <br /> upon the effective date of such notice and, except for the obligations of the parties which <br /> survive closing and Lessee's rights under b. below(which shall survive termination),the <br /> parties shall have no further rights or obligations hereunder; or <br /> b. Other Remedies. Lessee may exercise any other right or remedy available to Lessee under <br /> this Lease or under Applicable Law,except as expressly limited by the terms of this Lease. <br /> 15.04 Acceptance of Rent. The acceptance by Lessor of Lessee's monthly payments subsequent to the <br /> occurrence of any event of default shall be considered to be compensation for Lessee's use and <br /> occupancy of the Leased Premises,and shall in no way constitute a waiver by Lessor of its right to <br /> exercise any remedy provided for any event of default. <br /> ARTICLE 16: LESSOR'S LIEN <br /> 16.01 Subordination of Lessor's Lien. Upon written request from Lessee, Lessor agrees to reasonably <br /> subordinate its statutory and contractual landlord's liens on the Improvements or Lessee's personal <br /> property and trade fixtures to the lien of a lender providing financing to the Lessee,consistent with <br /> the terms of this Lease. <br /> ARTICLE 17: LESSEE'S MORTGAGE OF LEASEHOLD INTEREST <br /> 17.01 Mortgage of Leasehold Estate. Lessor grants permission to Lessee for the mortgaging of Lessee's <br /> leasehold interest in the Leased Premises for the sole purpose of obtaining funding for permanent <br /> improvements to the Leased Premises. Lessee will provide written notification to Lessor of each <br /> such mortgage within ten (10) days after it is executed. Lessor agrees that any lien in its favor <br /> arising under this Lease as to the Leased Premises will be subordinate to the lien of the mortgagee <br /> under each such mortgage. This clause is self-operative and no further instrument of subordination <br /> need be required by any mortgagee of Lessee. The mortgaging by Lessee of its leasehold interest <br /> for any other purpose,however,shall require the advance written approval of Lessor. In no event, <br /> however, shall any lien be asserted against the underlying fee simple interest of Lessor in the <br /> Leased Premises. <br /> ARTICLE 18: MISCELLANEOUS <br /> 18.01 Gender Neutral. When the singular number is used in this Lease, it will include the plural when <br /> appropriate, and the neuter gender will include the feminine and masculine genders when <br /> appropriate. <br /> 18.02 Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under <br /> present or future laws,this Lease will remain in effect,and the remaining provisions will continue <br /> in force if they can be given effect without the invalid portion. <br /> 18.03 Amendment. This Lease may be amended only by an instrument in writing signed by both parties. <br /> This Lease shall apply to and be binding upon the parties and their permitted successors in interest <br /> and legal representatives. <br /> -17- <br />
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