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Res 2007-099
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Res 2007-099
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Last modified
11/15/2007 4:14:59 PM
Creation date
6/8/2007 11:14:23 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2007-99
Date
6/5/2007
Volume Book
172
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<br />I <br /> <br />I <br /> <br />I <br /> <br />possession of the Leased Premises and remove the Lessee and any other person <br />occupying the premises, by force if necessary, without prejudice to any other remedy it may <br />have for possession or arrearages in rent, and without being liable for any resulting <br />damages. The Lessee agrees to pay to the City the amount of all resulting costs, losses <br />and damages incurred by the City within 30 days of the City=s issuance of a statement to <br />the Lessee. <br /> <br />B. Relet the Leased Premises and reception of rent. The Lessee agrees to pay to <br />the City any resulting costs, and any deficiency that may arise by reason of reletting, within <br />30 days of the City's issuance of a statement to the Lessee. <br /> <br />C. Enter the Leased Premises, by force if necessary, without being liable for <br />prosecution or any claim for damages, and do whatever the Lessee is obligated to do <br />under the terms of this Lease. The Lessee agrees to reimburse the City for any expenses <br />the City incurs in effecting compliance with the Lessee's obligations under this Lease, <br />within 30 days of the City's issuance of a statement for the expenses to the Lessee. The <br />City and its officers, agents and employees shall not be liable for any damages or injuries <br />that result to the Lessee from any action taken under this paragraph, whether caused by <br />the negligence of the City or otherwise. <br /> <br />11.04. The City's pursuit of any of these remedies will not preclude pursuit of any other <br />remedies provided under this Lease or by law, nor will pursuit of any remedy constitute a <br />waiver of any rent due to the City or of any damages caused to the City by any violation of <br />this Lease by the Lessee. Any failure by the City to enforce a remedy upon an event of <br />default shall not be deemed to constitute a waiver of the default or of the City's right to <br />insist on strict compliance with this Lease. <br /> <br />11.05. If it becomes necessary for the City to employ an attorney to enforce or defend any <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 upon the Leased <br />Premises to secure all rents and other sums due or to become due to the City. The <br />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 /> <br />COSM form 1/99 <br />
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