Common use of Development of Premises Clause in Contracts

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or Lessee's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 herein.

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements improvements by the City, Lessee must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- as-built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or Lessee's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 22 herein.

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee Xxxxxx must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or LesseeXxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 herein.

Development of Premises. All plans and specifications for LesseeXxxxxx's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee Xxxxxx must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or LesseeXxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 herein.

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements improvements by the City, Lessee Xxxxxx must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- as-built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or LesseeXxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 22 herein.

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or Lessee's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 22 herein.

Development of Premises. All plans and specifications for LesseeXxxxxx's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee Xxxxxx must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or LesseeXxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 22 herein.

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- as-built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or Lessee's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 22 herein.

Development of Premises. All plans and specifications for Lessee's development of Premises and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable City, state and federal regulations and code requirements. Lessee shall be solely responsible, without any cost or expense to the City, for obtaining required approvals and permits and City building permits, and for paying all approval and permit fees associated with the development. Upon final completion and acceptance of the Improvements by the City, Lessee Xxxxxx must provide one set of as-built plans and one electronic copy of the record documents to the Airport Director, who will keep one set of plans on file at the Airport Director’s office. Lessee shall also provide compliant as- as-built plans to the City. Lessee must keep said documents current, by providing one set of "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty five thousand dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, which plans are to be attached to this Lease in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the City without further written approval by the Airport Director. Lessee will be responsible for arranging and paying for, at its sole cost all utility connections to the Premises, including but not limited to electricity, natural gas, propane, water, sewer, telecommunications and/or refuse service use associated with the development of the Premises and subsequent operations. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Moreover, charges for said utilities, services and installation thereof shall be paid by Lessee promptly and before any penalty is assessed against Lessee due to non- or late payment. The Lessee and contractor will coordinate placement of the facility, design, and construction with the City prior to the commencement of construction. Lessee shall be responsible for causing the Premises, adjacent properties, and the Airport infrastructure to be maintained in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. During the construction of the Improvements, the Airport Director or designee may enter upon the Premises during normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specifications. During this Lease, Lessee shall, subject to the terms and conditions of this Lease, have the continuing right to remodel, renovate, and refurbish the Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the appropriate building permits and approvals and the prior written consent of the City, which consent shall not be unreasonably withheld. In the event a lien is attached to the Premises or LesseeXxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (10) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Lessee, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rent, as if said lender was originally named Lessee herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty five (365) calendar days] to sublease any available Improvements. Lessee covenants that all construction, including all workmanship and materials, will be of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of improvements on the Premises, Lessee must certify to the Airport Director that the Improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, and regulations. Lessee must include in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, elected officials, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the contractor’s or its agents’ presence on the Premises or the Airport and performance of any or all of the construction work thereon, whether the claims and demands made are just or unjust, unless same are caused by the negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or require the contractor to furnish insurance as required in Paragraph 21 22 herein.