Res 2022-182R/approving a Ground Lease Agreement for Non-Aeronautical Use between the San Marcos Regional Airport and the City of San Marcos Fire Departmen

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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") in a timely manner. In the event the City fails to approve all original items or resubmittals within six (6) months after the original submission or if the cost will exceed, in the aggregate, the Maximum Amount, Lessee shall have the right to terminate this Lease upon written notice to Lessor, 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. b. Lessee is prohibited from undertaking or allowing any party to undertake the construction or development of the Facilities, Parking Lot or any Alterations which require approval by the FAA without first submitting Form 7460-1, Notice of Proposed Construction of Alteration, or such other form as may be required by the FAA, to the FAA. C. Upon Lessor's approval of the Construction Documents, the same shall constitute the "Approved Plans", and the date of approval by Lessor shall constitute the "Approval Date". 4.02 Construction of the Facilities. Subject to force majeure, Lessee shall commence construction of the Facilities within ninety (90) days after the Approval Date and, thereafter, diligently and continuously pursue construction to completion in accordance with the Approved Plans. Subject to force majeure, substantial completion of the Facilities shall occur on or before the date which is nine (9) months after the Approval Date. 4.03 As Built Survey; Confirmation of Construction Costs. Following completion of construction of the Facilities, Lessee shall (i) prepare as built plans, at its sole cost and expense, and deliver a copy of the same to Lessor; and (ii) certify to Lessor in writing the actual amount of construction costs for the Facilities (the "Construction Costs"). 4.04 Ownership. Except for onsite improvements owned by Lessor or third parties (such as, for example, utility improvements), (i) the Facilities and all other improvements made to the Leased Premises by Lessee which constitute fixtures are owned by Lessee during the Term and any renewal thereof, and (ii) upon termination or expiration of the Term and any renewal thereof, title to the same shall vest in Lessor. 4.05 Alterations. Except for alterations required by Applicable Law, all alterations to the Leased Premises, including alterations made following a casualty or eminent domain event ("Alterations") must be approved in writing by Lessor and constructed pursuant to plans approved by the City, such approval not to be unreasonably withheld, conditioned or delayed, and, if applicable, Lessee shall submit Form 7460-1, Notice of Proposed Construction of Alteration, or such other form as may be required, to the FAA. All such plans, specifications and work shall conform to Applicable Law, including, without limitation, applicable provisions of the Americans With Disabilities Act of 1990, as amended (the "ADA"). Notwithstanding the foregoing right of Lessee to construct alterations required by Applicable Law and certain alterations without first obtaining the City's consent, to the extent permits or other authorizations are required by Applicable Law, Lessee shall comply with the same and, if plans are required to be submitted and approved, the process in Section 4.01.a. shall apply. 4