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Res 1999-081
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Res 1999-081
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8/22/2006 10:22:47 AM
Creation date
8/22/2006 10:21:59 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1999-81
Date
4/12/1999
Volume Book
136
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<br />~GL 215f~( 621 <br /> <br />agreed that in the event of a breach or default by the Lessee, the Lessor shall be entitled <br />to exercise all rights and remedies provided to a secured party after default under the <br />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 <br />the property and to sell it at public or private sale, or to use it in any other manner <br />authorized or provided in the UCC. Upon request by the Lessor, the Lessee agrees to <br />execute and deliver UCC Financing Statements to the Lessor as the Lessor deems <br />necessary to perfect the Lessor's security interest in the property, and proceeds thereof <br />under the provisions of the 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 <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 Lessor of each such mortgage within ten days after it is executed. The <br />Lessor agrees that any lien in its favor arising under this Lease as to any such <br />improvements will be subordinate to the lien of the mortgagee under each such mortgage. <br />This clause is self operative and no further instrument of subordination need be required <br />by any mortgagee of the Lessee. The mortgaging by the Lessee of its leasehold interest <br />for any other purpose, however, shall require the advance written approval of the Lessor. <br /> <br />Article 14. Operation of the Airport; Lessor's Access to Leased Premises <br /> <br />14.01. The Lessor reserves the right to operate the Airport in accordance with, and this <br />Lease is subordinate to, the Lessor's obligations to the Federal and State governments <br />under any of the agreements for which aid for development of the Airport was or will be <br />granted. If these obligations unreasonably restrict the Lessee's use of the Leased <br />Premises, then the Lessee may terminate this Lease, and the parties will have no further <br />obligations. <br /> <br />14.02. 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 <br />discriminatory. The Lessee specifically agrees not to discriminate in its use of the Leased <br />Premises in any manner prohibited by Federal Aviation Administration Regulations. The <br />Lessee further agrees to comply with any nondiscrimination enforcement procedures <br />required by the Federal government. <br /> <br />14.03. The Lessor reserves the right to take any action it considers necessary to protect <br />the aerial approaches of the Airport against obstructions; and to limit the Lessee from <br />erecting any building or structure on the Airport or on the Leased Premises that would limit <br />the usefulness of the Airport or constitute a hazard to aircraft. <br /> <br />COSM Form 1/99 <br /> <br />10 <br />
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