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Res 1989-085
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Res 1989-085
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Last modified
8/3/2007 11:32:29 AM
Creation date
8/3/2007 11:32:29 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1989-85
Date
8/28/1989
Volume Book
95
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<br /> -19- <br /> affect, waive, or limit any other remedies at law to which LESSOR may <br /> be entitled including, but not limited to, the enforcement of <br /> landlord's liens as provided in Chapter 54, Local Government Code, <br /> V.T.C.A., and the attachment of LESSEE's property as provided in the <br /> Texas Rules of Civil Procedure. <br /> B. Default by LESSOR. <br /> It is understood and agreed by and between LESSOR and LESSEE that <br /> the continuing use of said Airport as an airport for general aviation <br /> is essential to the operation of LESSEE and that the failure to <br /> continue the use of said Airport for airport and aviation purposes <br /> shall constitute a default in the Agreement on the part of LESSOR. <br /> Upon LESSEE giving written notice of such default to LESSOR and upon <br /> the failure of LESSOR to cure such default within thirty (30) days <br /> after the receipt of said written notice, this Agreement shall <br /> terminate and end as of the date one hundred and twenty (120) days <br /> after the receipt of said written notice. LESSEE shal1 thereupon be <br /> released from and relieved of all further obligations thereafter to <br /> accrue hereunder. LESSOR shall use its best efforts to insure the <br /> continuing use of the Airport as a general aviation facility; however, <br /> LESSOR shall not be responsible for a default or change in use caused <br /> by actions or events of a third party or otherwise beyound its control. <br /> XIX. <br /> During the term of this Agreement, LESSOR agrees LESSEE shall have <br /> unrestricted access to the runways, taxiways and ramps now in existence <br /> at said Airport to the same extent that any other parties may have use <br /> thereof. However, LESSEE's use of the Airport ramp area for an <br /> uninterrupted period of 72 hours or longer shal1 be subject to payment <br /> by LESSEE of the tie-down fee or public use fee established by LESSOR, <br /> if any. <br /> XX. <br /> It is hereby agreed by the parties hereto that the aircraft <br /> storage hangar and parking area located upon the demised <br /> premises described in Paragraph I(B) above constitute improvements <br /> of a permanent nature. All permanent improvements placed upon the <br />
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