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2012-022 RES APPROVING ASSIGNMENT OF GROUND LEASE BETWEEN WILIAM T BOOTHE AND MAGNUM PERFORMANCE FOR HANGAR AT COX FIELD AIRPORT
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2012-022 RES APPROVING ASSIGNMENT OF GROUND LEASE BETWEEN WILIAM T BOOTHE AND MAGNUM PERFORMANCE FOR HANGAR AT COX FIELD AIRPORT
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effect such removal and store such property at LESSEE's expense. LESSEE further covenants <br />and agrees to pay and discharge all reasonable costs, attorney's fees, and expenses that may be <br />incurred by LESSOR in enforcing the covenants, conditions, and agreements of this Lease, <br />re-entering and/or repossessing the leased premises, restoring the leased premises to good and <br />proper repair/order, protecting the leased premises, and obtaining a new tenant. The failure of <br />LESSOR to declare this Lease terminated for any of the reasons set out above shall not bar the <br />right of LESSOR to subsequently terminate this Lease for any of the reasons set out above. <br />Further, the acceptance of rents, fees, or other payments due and owing to LESSOR for any period <br />after a default of any of the terms, covenants, or conditions by LESSEE shall not be deemed a <br />waiver of any right on the part of LESSOR to terminate this Lease. <br />52. That the LESSOR has the right to temporarily close the Airport or any of the <br />facilities thereon for maintenance, improvements, or for the safety of the public or pursuant to any <br />lawful order from the State or Federal government. <br />53. That the LESSOR may, at its option, terminate this Lease as to the land or the entire <br />hangar building, or any parts thereof, which may be necessary in the event the LESSOR desires to <br />use the property, or any portion thereof, for any governmental purpose as determined by LESSOR, <br />such as, but not limited to, extension of runways or taxiways, utility or drainage improvements, or <br />the expansion of existing buildings or the erection of other Airport facilities. If LESSOR <br />determines that it needs to terminate all or a portion of this lease for the stated reasons, LESSOR <br />shall give the LESSEE ninety (90) days notice, in writing, of its intention to so utilize or take the <br />Leased Premises, or any portion thereof, for such purposes. In the event this option is exercised <br />by LESSOR, LESSOR will be obligated to pay to LESSEE 1/30th of the original cost of said <br />hangar, apron and other fixed improvements multiplied by the number of years remaining in the <br />Initial Term of the lease which ends June 30, 2039. This payment shall constitute LESSEE's sole <br />consideration, payment and remedy, for the loss of the ground lease and LESSEE's use of the <br />Hangar and other related improvements to the Leased Premises for the remainder of the Initial <br />Term. In the event that termination of said lease occurs during the final TEN (10) years of the <br />Initial Term of said lease, the City of Paris will not be obligated to pay to LESSEE any <br />compensation for the remainder of the lease term. In the alternative and in lieu of payment for <br />termination of the ground lease, the City of Paris may agree to give LESSEE hangar space of equal <br />quality, size and usefulness at no expense to LESSEE for the remainder of the Initial Term of this <br />Han¢ar Lease A¢reement - page 19 <br />
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