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2012-046 RES APPROVING NEW LEASE AGREEMENT BETWEEN COP AND CAREY EATHERLY FOR 698.9 ACRES OF LAND AT COX FIELD AIRPORT
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2012-046 RES APPROVING NEW LEASE AGREEMENT BETWEEN COP AND CAREY EATHERLY FOR 698.9 ACRES OF LAND AT COX FIELD AIRPORT
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8/21/2012 10:46:14 AM
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6/18/2012 4:12:17 PM
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CITY CLERK
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City shall give LESSEE ninety (90) days notice in writing of its intention to terminate the Lease <br />and to utilize the Premises, or any portion thereof, for the above specified purposes. In the event <br />LESSOR terminates the Lease Agreement as to the entire Premises, the unearned portion of that <br />year's rental payment shall be refunded to LESSEE. Should Lessar terminate the Lease <br />Agreement only as to a portion of the Leased Premises, that year's annual rental shall be reduced <br />on a pro rata basis at the rate of $15.00 per acre. <br />6. DEFAULT AND TERMINATION FOR CAUSE <br />Sec. 61. Should LESSEE fail to comply with any of the covenants, conditions, stipulations <br />and/or provisions of this Lease, LESSOR shall give LESSEE written notice of default and <br />LESSEE shall have thirty (30) days to correct the default or LESSOR may terminate this Lease <br />Agreement for cause. <br />7. RESERVATION OF AIR SPACE <br />Sec. 71. LESSOR, its successors and assigns hereby reserves for the use and benefit of the <br />public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises <br />herein described. This public right of flight shall include the right to cause in said airspace any <br />noise inherent in the operation of aircraft, now known or hereafter used for navigation or flight <br />through the said airspace or landing at, taking off from or operation on the Cox Field Airport. <br />Sec.7.2. LESSEE expressly agrees for itself, its successors and assigns to prohibit the erection <br />of structures or allow the growth of natural objects that would constitute an obstruction to air <br />navigation, unless review by TxDOT and FAA determines an exception. <br />Sec. 7.3 LESSEE expressly agrees for itself, its successors and assigns to prevent any use of or <br />activity on the real property herein described ("Premises") that would interfere with or be a hazard <br />Page 4 of 11 <br />
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