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Res 2002-013
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Res 2002-013
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10/20/2005 4:26:47 PM
Creation date
10/20/2005 4:26:23 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Airport
Number
2002-13
Date
1/28/2002
Volume Book
146
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<br />12.01. The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods, <br />chattels, furniture, trade fixtures, inventory and other property upon the Leased Premises to secure <br />all rents and other sums due or to become due to the Lessor. The Lessee expressly waives all <br />exemption laws in favor of this security interest; and it is agreed that this express security interest <br />shall be in addition to, and not as a waiver of or substitute for any statutory or other liens of the <br />Lessor. In connection with this security interest, it is agreed that in the event of a breach or default <br />by the Lessee, the Lessor may exercise all rights and remedies provided to a secured party after <br />default under the Uniform Commercial Code ("UCC"), as adopted and amended in Texas, with <br />respect to all such property, including, without limitation, the right to take and retain possession of <br />the 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. Upon request by the Lessor, the Lessee agrees to execute and deliver UCC <br />Financing Statements to the Lessor from time to time as the Lessor deems necessary to perfect the <br />Lessor's security interest in the property, and proceeds thereof under the provisions ofthe UCC. <br /> <br />Article 13. Lessee's Mortgage of Leasehold Interest <br /> <br />13.01. The Lessor grants permission to the Lessee for the mortgaging of the Lessee's leasehold <br />interest in the Leased Premises for the sole purpose of obtaining funding for permanent <br />improvements to the Leased Premises. The Lessee will provide written notification to the Lessor <br />of each such mortgage within ten days after it is executed. The mortgaging by the Lessee of its <br />leasehold interest for any other purpose, however, shall require the advance written approval of the <br />Lessor. <br /> <br />Article 14. Operation of the Airport; Lessor's Access to Leased Premises <br /> <br />14.01. The City reserves the right to operate the Airport in accordance with, and this Lease is <br />subordinate to, the City's obligations to the Federal and State governments under any of the <br />agreements for which aid for development of the Airport was or will be granted. If these obligations <br />unreasonably restrict the Lessee's use of the Leased Premises, then the Lessee may terminate this <br />Lease, and the parties will have no further obligations. <br /> <br />14.02. It is specifically understood and agreed that this Lease does not grant or authorize an <br />exclusive right for conducting any aeronautical activity which is unlawfully discriminatory. The <br />Lessee specifically agrees not to discriminate in its use of the Leased Premises in any manner <br />prohibited by Federal Aviation Administration Regulations. The Lessee further agrees to comply <br />with any nondiscrimination enforcement procedures required by the Federal or State government. <br /> <br />14.03. The City reserves the right to take any action it considers necessary to protect the aerial <br />approaches of the Airport against obstructions; and to limit the Lessor and Lessee from erecting any <br />building or structure on the Airport or on the Leased Premises that would limit the usefulness of the <br />Airport or constitute a hazard to aircraft. <br /> <br />14.04. The City reserves the right to further develop the Airport as it sees fit regardless of the desires <br />of the Lessor and Lessee, and without any hindrance or interference from the Lessor and Lessee. <br />8 <br />
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