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Res 2005-184
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Res 2005-184
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7/21/2006 2:42:26 PM
Creation date
7/21/2006 2:41:59 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2005-184
Date
12/14/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />of the City's rights or remedies because of any breach or default by the Lessee under this <br />Lease, the Lessee agrees to pay all reasonable attorney's fees incurred by the City, within <br />30 days of the City's issuance of a statement for the fees to the Lessee <br /> <br />Article 12 Landlord's Lien <br /> <br />12 01 The Lessee grants to the City a valid first security interest upon all of the Lessee's <br />goods, chattels, furniture, trade fixtures, inventory and other property, except aircraft, upon <br />the Leased Premises to secure all rents and other sums due or to become due to the City <br />The Lessee expressly waives all exemption laws in favor of this security interest; and it is <br />agreed that this express security interest shall be in addition to, and not as a waiver of or <br />substitute for any statutory or other liens of the City In connection with this security <br />interest, it is agreed that in the event of a breach or default by the Lessee, the City may <br />exercise all rights and remedies provided to a secured party after default under the Uniform <br />Commercial Code ("UCC"), as adopted and amended in Texas, with respect to all such <br />property, including, without limitation, the right to take and retain possession of the property <br />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 City, the Lessee agrees to execute and deliver <br />UCC Financing Statements to the City from time to time as the City deems necessary to <br />perfect the City's security interest in the property, and proceeds thereof under the <br />provisions of the UCC <br /> <br />Article 13 Lessee's Mortgage of Leasehold Interest <br /> <br />13 01 The City grants permission to the Lessee for the mortgaging of the Lessee's <br />leasehold interest in the Leased Premises for the sole purpose of obtaining funding for <br />permanent improvements to the Leased Premises The Lessee will provide written <br />notification to the City of each such mortgage within ten days after it is executed The City <br />agrees that any lien in its favor arising under this Lease as to any such improvements will <br />be subordinate to the lien of the mortgagee under each such mortgage This clause is self <br />operative and no further instrument of subordination need be required by any mortgagee of <br />the Lessee The mortgaging by the Lessee of its leasehold interest for any other purpose, <br />however, shall require the advance written approval of the City <br /> <br />Article 14 Operation of the Airport; City's Access to Leased Premises <br /> <br />1401 The City reserves the right to operate the Airport in accordance with, and this Lease <br />is subordinate to, the City's obligations to the Federal and State governments under any of <br />the agreements for which aid for development of the Airport was or will be granted If these <br />obligations unreasonably restrict the Lessee's use of the Leased Premises, then the <br />Lessee may terminate this Lease, and the parties will have no further obligations <br /> <br />1402 It is specifically understood and agreed that this Lease does not grant or authorize <br />an exclusive right for conducting any aeronautical activity which is unlawfully discriminatory <br />The Lessee specifically agrees not to discriminate in its use of the Leased Premises in any <br />
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