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Res 2017-073/Berry Aviation lease
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Res 2017-073/Berry Aviation lease
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6/16/2017 10:40:16 AM
Creation date
5/3/2017 4:09:49 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-73
Date
4/18/2017
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b. Lessee is prohibited from undertaking or allowing any party to undertake the <br />construction or development of the Facilities, Parking Lot or any Alterations which <br />require approval by the FAA without first submitting Form 7460-1, Notice of <br />Proposed Construction of Alteration, or such other form as may be required by the <br />FAA, to the FAA. <br />C. Upon Lessor's approval of the Construction Documents, the same shall constitute <br />the "Approved Plans", and the date of approval by Lessor shall constitute the <br />"Approval Date". <br />4.02. Construction of the Facilities and Parking Lot. Subject to force majeure, Lessee shall <br />commence construction of the Facilities and Parking Lot within ninety (90) days after the <br />Approval Date and, thereafter, diligently and continuously pursue construction to <br />completion in accordance with the Approved Plans. Subject to force majeure, substantial <br />completion of the Facilities and Parking Lot shall occur on or before the date which is nine <br />(9) months after the Approval Date. <br />4.03. As Built Survey; Confirmation of Construction Costs. Following completion of <br />construction of the Facilities, Lessee shall (i) prepare as built plans, at its sole cost and <br />expense, and deliver a copy of the same to Lessor; and (ii) certify to Lessor in writing the <br />actual amount of construction costs for the Facilities and Parking Lot (the "Construction <br />Costs"). <br />4.04. Ownership. Except for onsite improvements owned by Lessor or third parties (such as, for <br />example, utility improvements), (i) the Facilities, Parking Lot and all other improvements <br />made to the Leased Premises by Lessee which constitute fixtures are owned by Lessee <br />during the Tenn and any renewal thereof, and (ii) upon termination or expiration of the <br />Term and any renewal thereof, title to the sarne shall vest in Lessor. <br />4.05. Alterations. Except for alterations required by Applicable Law and alterations which cost <br />less than One Hundred Thousand and NO/100 Dollars ($100,000.00) and do not affect the <br />structural integrity of the Facilities, all alterations to the Leased Premises, including <br />alterations made following a casualty or eminent domain event ("Alterations") must be <br />approved in writing by Lessor and constructed pursuant to plans approved by the City, such <br />approval not to be unreasonably withheld, conditioned or delayed, and, if applicable, <br />Lessee shall submit Form 7460-1, Notice of Proposed Construction of Alteration, or such <br />other form as may be required, to the FAA. All such plans, specifications and work shall <br />conform to Applicable Law, including, without limitation, applicable provisions of the <br />Americans With Disabilities Act of 1990, as amended (the "ADA"). Notwithstanding the <br />foregoing right of Lessee to construct alterations required by Applicable Law and certain <br />alterations without first obtaining the City's consent, to the extent permits or other <br />authorizations are required by Applicable Law, Lessee shall comply with the same and, if <br />plans are required to be submitted and approved, the process in Section 4.Ol.a. shall apply. <br />4.06. Exterior Lighting and Signage. <br />a. Except as set forth in the Approved Plans or any Alterations plans approved by <br />Lessor, Lessee shall not do any of the following without Lessor's prior written <br />consent: (i) install any exterior lighting, shades or awnings, or any exterior <br />decorations or paintings on any buildings, or (ii) erect, install or change any <br />windows (but Lessee may replace windows with windows of the same size and <br />
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