Res 2017-073/Berry Aviation lease

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and dated by Lessee and identifying the specific improvement(s). Except as provided in any such agreement, Lessor and Lessee that, in the event Lessee constructs Airport Facilities, Lessee shall be entitled to, and shall receive, a just and fair credit against Rent in consideration for such work and funds expended by Lessee related thereto. The foregoing provision shall survive expiration or earlier termination of this Agreement. ARTICLE 4: CONSTRUCTION OF FACILITIES• ALTERATIONS AND FIXTURES 4.01. Facilities; Approvals. a. Lessee, at its sole cost and expense, shall provide for the construction of building improvements on the Leased Premises (the "Facilities"), and a parking lot adjacent thereto ("Parking Lot"), generally located as described in Exhibit E attached hereto and the total cost of which shall not exceed $2,000,000 (the "Maximum Amount"). Lessor and Lessee acknowledge and agree that the first row of parking spaces in the Parking Lot are for Lessee's exclusive use, and the remainder of the parking spaces are for non-exclusive use. Construction of the Facilities and the Parking Lot shall be in accordance with sealed plans prepared by an architect or structural engineer licensed or registered in the State of Texas. The plans, together with the architect or engineer's estimated cost of construction of the Facilities (the "Estimate") and related construction schedule, based on time required and not on specific dates ("Schedule"), shall be submitted to the City through Airport Management for review and approval no later than sixty (60) days after the Effective Date. In addition to the plans for the Facilities, the City may review Lessee's proposed lighting, landscaping plan and exterior building facade, inclusive of material type(s) and color ("Facilities Detail"). The City shall reasonably approve or disapprove the plans, Facilities Detail, Estimate and Schedule (collectively, the "Construction Documents") and notify Lessee of the City's approval or disapproval in writing within thirty (30) days after receipt, and failure to approve or disapprove any of the Construction Documents within said thirty (30) day period shall constitute deemed approval. In the event of disapproval of any of the Construction Documents, the City shall state, in writing, the specific document(s), the reason(s) for disapproval and the requested change(s), in which event Lessee shall promptly revise the disapproved item(s) and resubmit the subject Construction Documents to the City through Airport Management. The City shall approve or disapprove such resubmittal within fifteen days after receipt, and failure to approve or disapprove the same within said fifteen day period shall constitute deemed approval. In the event the City again disapproves, the same process shall be followed until the City has approved all of the Construction Documents; provided, in the event the City fails to approve all such items within six (6) months after the Effective Date or if the cost of the Facilities and Parking Lot will exceed, in the aggregate, the Maximum Amount, Lessee shall have the right to terminate this Lease upon written notice to Lessor (in the case of the City's failure to approve all of Construction Documents, delivered to the City at any time prior to receipt of approval of all such items), in which event, except for the obligations of the parties which expressly survive termination of this Lease, the parties shall have no further rights or obligations hereunder. Lessee is responsible for securing all necessary permits from the City's Planning and Development Department to complete the Facilities and Parking Lot.