Capital Improvements. From and after Final Completion, Tenant shall not replace or materially alter the Project, or any part thereof (except as provided to the contrary with respect to Fixtures in Article 13), or make any addition thereto, whether voluntarily or in connection with repairs required by this Lease (collectively, “Capital Improvements”), unless Tenant shall comply with the following requirements and, if applicable, with the additional requirements set forth in Section 11.10:
(a) No Capital Improvements shall be undertaken, as applicable, until Tenant shall have procured from all Governmental Authorities and paid for all permits, consents, certificates and approvals for the proposed Capital Improvements which are required to be obtained prior to the commencement of the proposed Capital Improvements (collectively, “Improvement Approvals”). The FCRHA shall not unreasonably refuse to join or otherwise unreasonably refuse to cooperate in the application for any such Improvement Approvals, provided such application is made without cost, expense or liability (contingent or otherwise) to the FCRHA. True copies of all such Improvement Approvals shall be delivered by Tenant to the FCRHA prior to commencement of the proposed Capital Improvements.
(b) The Premises after completion of such Capital Improvements, shall have a value at least equal to the value of the Premises immediately before construction of such Capital Improvements. In addition, the Project shall at all times remain in substantial conformity with the original Plans and Specifications therefor (except to the extent specifically consented to by the FCRHA, in its sole but reasonable discretion).
(c) All Capital Improvements shall be made with reasonable diligence and continuity (subject to Unavoidable Delays) and in a good and workmanlike manner and in compliance with (i) all Improvement Approvals, (ii) if required pursuant to Section 11.10(a) or (b), in substantial accordance with the plans and specifications for such Capital Improvements as approved by the FCRHA, and (iii) all Applicable Laws.
(d) No construction of any Capital Improvement shall be commenced until Tenant shall have delivered to the FCRHA certificates of insurance and copies of the declaration page(s) for the insurance required by Exhibit D. Such insurance policies shall comply with the terms of Section 7.02 above.
Capital Improvements. During the term of this Agreement, Refining shall be entitled to designate Capital Improvements to be made to the Terminal and the Tankage. The following provisions shall set forth the procedures pursuant to which Capital Improvements designated by Refining may be constructed:
(i) For any Capital Improvement designated by Refining, Refining shall submit a written proposal, including all specifications then available to it, for the proposed Capital Improvement to the Terminal and/or the Tankage, as the case may be.
(ii) Logistics will review such proposal to determine, in its sole discretion, whether it will consent to proceed with the proposed Capital Improvement.
(iii) Should Logistics determine to proceed and construct or cause to be constructed the approved Capital Improvement, Logistics will obtain bids from two or more general contractors reasonably acceptable to Refining for the construction of the Capital Improvement. Based upon the bids, Logistics will notify Refining of Logistics’ estimate of the total cost necessary to construct such Capital Improvement (the “Capital Expenditure Notice”) (which amount shall include the costs of capital and any other costs necessary to place such Capital Improvement in service) (“Estimated Expansion Capital Expenditure”). Within 30 days of the Capital Expenditure Notice, Refining will notify Logistics whether or not Refining agrees to such Estimated Expansion Capital Expenditure. In the event Refining does not agree with such Estimated Expansion Capital Expenditure, the Parties shall work together in good faith to reach agreement on the Estimated Expansion Capital Expenditure (the agreed amount is referred to as the “Expansion Capital Expenditure”); provided that, in the event the Parties do not reach such agreement within HOU02:1274125 - 12 - 60 days of the Capital Expenditure Notice, Refining shall be entitled to proceed with the construction of the Capital Improvement in accordance with Section 2(l)(v) below.
(iv) Prior to beginning any construction on the Capital Improvement, (1) Logistics shall have received all necessary regulatory approvals, (2) Logistics and Refining shall have agreed on (A) an additional monthly payment amount to be paid by Refining to Logistics (the “Monthly Expansion Capital Amount”) which amount (x) shall be payable over a mutually agreed upon term not to exceed the then remaining balance of the Initial Term (or the then current Renewal Term) plus any Renewal Term to which Refining is ...
Capital Improvements. Construction of the following capital improvements shall be initiated after the effective date of the annexation: None. Upon development of the subject property or redevelopment, the landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. No additional capital improvements are necessary at this time to service the subject property the same as similarly situated properties. When deemed necessary, capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as applicable and amended, which are incorporated herein by reference.
Capital Improvements. The CCP Board shall review, modify, and approve, if appropriate, all Capital Improvements undertaken with respect to the Project and all financing arrangements for such Capital Improvements. The CCP Board shall approve those budgets or other provisions for the payments associated with the Project and the financing for any development associated with the Project.
Capital Improvements. The Department has identified the following possible opportunities for Capital Improvements:
a. A new roof for the Concession Building (BL#187009);
b. Upgrades to the parking area; and
c. Funding of a Capital Improvement Account If capital improvements are proposed, please follow the guidelines below. If applicable, the proposed capital improvement project scope, layout, costs and timeline, including any specifications and plans, will be included in the Proposal. The Respondent will adhere to the Florida Department of State, Division of Historical Resources guidelines for archeological review of any ground disturbance activities. The costs incurred as a result of such requirement will be the sole responsibility of the Respondent. Any demolition or construction performed under the Agreement will comply with all applicable federal, state, county, and local laws and codes including the most current Florida Accessibility Building Code, Florida Building Code and Florida Fire Prevention Code. The Concessionaire is responsible for applying for, obtaining and paying all costs of any and all required permits which may include the Department’s Beaches & Coastal Systems (“CCCL”) permit, water management permit, endangered species permit(s), local building permit, etc. This does not necessarily represent a comprehensive list. Any construction project proposed under this Call for Business Plan, or subsequent Agreement, will be reviewed and pre-approved, in writing, by the Department’s Bureau of Design and Construction prior to a construction bid solicitation and construction commencement.
Capital Improvements. If the Owner of the Employee Unit has made capital improvements to the Employee Unit that required the issuance of a building permit by the Municipality, then the Municipality may, in its sole discretion, permit the Owner to increase the sale price for the Employee Unit at the time of resale up to an amount commensurate with the value of the capital improvements. To assist the Municipality in determining the value of the capital improvements, the Owner must provide receipts and invoices for the completed work to the Municipality. If the Owner is dissatisfied with the value of the improvements as determined by the Municipality, the Owner may, at its expense, engage a Quantity Surveyor to establish the value of such improvements, but the Municipality will in no way be bound by the value established by the Quantity Surveyor, and the Municipality will, in its sole discretion, determine the permitted increase, if any, in the sale price. For greater certainty, the Municipality will not permit any increase in the sale price for improvements that have been made without a building permit issued by the Municipality.
Capital Improvements. Without limiting clause 10.1 above, the Service Provider is not bound to make capital improvements at a new Receipt Point or a new Delivery Point unless it is reasonably satisfied that there is enough long-term supply of Gas at the new Receipt Point or the new Delivery Point to justify the improvements.
Capital Improvements. Except as provided in Section 5, all capital improvements involving Shared Assets shall be governed by the following provisions:
Capital Improvements. The Department has identified the following possible opportunities for Capital Improvements:
a. Construction of a new concession building (BL#043074);
b. Electrical wiring of the new bathroom at Camp Xxxxxx;
c. Expansion of the current dock area;
d. ADA-Compliant Kayak Launch area; and
e. Dock improvements at the Trapper Xxxxxx Interpretive Site If capital improvements are proposed, please follow the guidelines below. If applicable, the proposed capital improvement project scope, layout, costs and timeline, including any specifications and plans, will be included in the Proposal. The Respondent will adhere to the Florida Department of State, Division of Historical Resources guidelines for archeological review of any ground disturbance activities. The costs incurred as a result of such requirement will be the sole responsibility of the Respondent. Any demolition or construction performed under the Agreement will comply with all applicable federal, state, county, and local laws and codes including the most current Florida Accessibility Building Code, Florida Building Code and Florida Fire Prevention Code. The Concessionaire is responsible for applying for, obtaining and paying all costs of any and all required permits which may include the Department’s Beaches & Coastal Systems (“CCCL”) permit, water management permit, endangered species permit(s), local building permit, etc. This does not necessarily represent a comprehensive list. Any construction project proposed under this Call for Business Plan, or subsequent Agreement, will be reviewed and pre-approved, in writing, by the Department’s Bureau of Design and Construction prior to a construction bid solicitation and construction commencement.
Capital Improvements. Articles Fifth, Twenty-Fourth, and Twenty-Fifth are hereby amended to provide that notwithstanding anything set forth to the contrary in the Lease, Tenant shall not be responsible to pay for any capital improvements to the Building, and is not responsible to pay for any sprinkler installations required by Local Law 26/2004, or any sprinkler alterations unless required by Tenant’s specific use of or alteration to the Premises.
