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Res 1998-172
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Res 1998-172
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4/24/2007 1:21:30 PM
Creation date
4/23/2007 4:36:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-172
Date
9/14/1998
Volume Book
134
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<br /> nr 0 ""1'- 8 <br /> VOL ~e. PAtt'",'" <br /> Article 12. Landlord's Lien <br /> 12.01. The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods, <br /> chattels, furniture, fixtures and property upon the Leased Premises to secure all rents and other <br /> sums due or to become due to the Lessor. The Lessee expressly waives all exemption laws in favor <br /> of this security interest; and it is agreed that this express security interest shall be in addition to, and <br /> not as a waiver of or substitute for any statutory or other liens of the Lessor. In connection with this <br /> security interest, it is agreed that in the event of a breach or default by the Lessee, the Lessor shall <br /> be entitled 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 all such <br /> property, including, without limitation, the right to take and retain possession of the property and to <br /> sell it at public or private sale, or to use it in any other manner authorized or provided in the UCC. <br /> Upon request by the Lessor, the Lessee agrees to execute and deliver UCC Financing Statements <br /> to the Lessor as the Lessor deems necessary to perfect the Lessor's security interest in the property, <br /> and proceeds thereof under the provisions of the UCC. <br /> Article 13. lessee's Mortgage of leasehold Interest <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. This clause is self operative and no further instrument of <br /> subordination need be required by any mortgagee of the Lessee. The mortgaging by the Lessee of <br /> its leasehold interest for any other purpose, however, shall require the advance written approval of <br /> the Lessor. <br /> Article 14. Operation of the Airport; lessor's Access to leased Premises <br /> 14.01. The Lessor reserves the right to operate the Airport in accordance with, and this Lease is <br /> subordinate to, the Lessor'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 /> 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 with <br /> any nondiscrimination enforcement procedures required by the Federal government. <br /> 14.03. The Lessor 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 Lessee from erecting any building <br /> or structure on the Airport or on the Leased Premises that would limit the usefulness of the Airport <br /> or constitute a hazard to aircraft. <br /> 14.04. The Lessor reserves the right to further develop the Airport as it sees fit regardless of the <br /> desires of the Lessee, and without any hindrance or interference from the Lessee. If the <br /> development of the Airport requires the relocation of the Lessee's facilities, the Lessor agrees to <br /> provide a location comparable to that provided to other private lessees at the time of the relocation, <br /> 8 <br />
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