Common use of Development of Improvements Clause in Contracts

Development of Improvements. Throughout the Term of the Agreement, all plans and specifications for Lessee's improvements and all renovations, remodeling, refurbishment, and construction upon the Leased Premises must meet all fire, building, and other applicable city, state and federal regulations and code requirements. Lessee shall be responsible for obtaining required building permits and FAA permits, if applicable, and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements by the City, Xxxxxx must provide one electronic copy of the record documents to the City Administrator, who will keep one set of plans on file at the City’s administrative offices. Lessee must keep said documents current, by providing one electronic copy of all record documents showing any alteration in excess of twenty-five thousand dollars ($25,000) to the Leased Premises during the term of this Lease to City Administrator, 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 City. Lessee will be responsible for arranging and paying for, at its sole cost, water, sewer, and electrical connections to the site. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Lessee shall be granted the right to place and use a liquid propane tank on the Leased Premises until the City installs a natural gas line at which time the use of the propane must be suspended, and Lessee shall connect to the natural gas line as called for in this Agreement. All costs associated with the placement of the propane tank and the propane shall be at the sole cost of the Lessee. Lessee shall submit to the City a detailed plan for the placement and connection of the propane and the City shall have thirty (30) calendar days to approve such plans. The parties agree to work cooperatively to identify a mutually agreeable location for the propane. The Lessee and contractor will coordinate placement of the facility, design, staging, and construction with the City. Lessee shall be responsible for causing the Leased Premises and adjacent properties 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. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Leased Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements and facilities upon the Leased Premises shall be paid solely by the Lessee, without any cost or expense to the City whatsoever. Upon termination of this Lease as called for herein, ownership of the Improvements constructed by Xxxxxx on the Leased Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Leased Premises or the improvements thereon or, at the discretion of the Lessee, shall be removed by the Lessee at its sole expense and the ground returned to its original condition, normal wear and tear excepted. Facilities reverting to the City shall be in commercially reasonable condition, normal wear and tear excepted. All personal property of the Lessee shall be removed from the facility within seven (7) calendar days following termination as called for in this Agreement During the construction of the improvements, the City Administrator, or designee, may enter upon the Leased 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 Leased Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the prior written consent of the City and the appropriate permits. In the event a lien is attached to the Leased Premises or Xxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (14) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon 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 Leased 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 first-class quality. As used herein, the term “first-class quality” means 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 Leased Premises, Lessee must certify to the City 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 the 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 Leased 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 the City, its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish, insurance as required herein.

Development of Improvements. Throughout the Term of the Agreement, all All plans and specifications for Lessee's improvements Improvements and all renovations, remodeling, refurbishment, refurbishing and construction upon the Leased Premises must meet all City fire, building, and other applicable cityCity, state and federal regulations and code requirements. Lessee shall be responsible for , including obtaining required building permits and FAA permits, if applicable, and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements Improvements by the City, Xxxxxx Lessee must provide one (1) set of Mylar as-built plans and one electronic copy of the record documents to the City AdministratorAirport Director, who will keep one set of plans on file at the CityAviation Director’s administrative officesoffice. Lessee must keep said as-built documents current, current by providing one (1) set of Mylar "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty-five thousand dollars ($25,000) 100,000 to the Leased Premises during the term of this Lease to City AdministratorAirport Director, which plans are to be attached to this Lease as a supplement 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 Airport Director without further written approval by the CityAirport Director. Lessee will be responsible for arranging and paying for, at its sole cost, water, sewer, and electrical all utility connections to the sitePremises. Utility usage will be billed directly to the Lessee and payment paid for by the Lessee unless and until Lessee has delegated the responsibility for utility payments to Sublessee. The Lessee will coordinate design and construction of the Improvements with the Airport and Airport Director. All plans and specifications must be submitted to the Airport Director and the Airport Director must provide written approval of all plans prior to the commencement of work. Failure to comply will be considered a breach of contract and all rights and remedies shall vest with the sole responsibility of the LesseeCity. Lessee shall be granted the right to place and use a liquid propane tank on the Leased Premises until the City installs a natural gas line at which time the use of the propane must be suspended, and Lessee shall connect to the natural gas line as called for in this Agreement. All costs associated comply with the placement of the propane tank and the propane shall be at the sole cost of the LesseeAirport Development Standards. Lessee shall submit will be required to the City a detailed plan for the placement and connection of the propane and the City shall have thirty (30) calendar days adhere to approve such plans. The parties agree to work cooperatively to identify a mutually agreeable location for the propane. The Lessee and contractor will coordinate placement of the facility, design, staging, and construction with all landscaping requirements as required by the City. Lessee shall be responsible for causing the Leased Premises and adjacent properties to be maintained and kept in good order and condition during construction and upon completion of the improvements Improvements in accordance with commercially reasonable standards at no cost to the City. During development, Lessee will coordinate all construction traffic with the Airport so as to not inhibit regular Airport traffic and to keep roadways safe and clean. The Airport has no objection to the use of construction trailer arrangements on Airport property during construction subject to the requirements of the United States. and the North Dakota Departments of Transportation. Lessee will enter into a construction contract with a reputable contractor and the Airport reserves the right to approve the contractor, which approval shall not be unreasonably withheld, conditioned or delayed. All construction parking and staging will occur on the Premises unless agreed to by the Airport in writing. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Leased Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements Improvements and facilities upon the Leased Premises shall be paid solely by the Lessee, without any cost or expense to the City whatsoever. Upon termination of this Lease as called for hereinLease, ownership of the Improvements constructed by Xxxxxx Lessee on the Leased Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Leased Premises or the improvements thereon or, at the discretion of the Lessee, shall be removed by the Lessee at its sole expense and the ground returned to its original condition, normal wear and tear exceptedImprovements thereon. Facilities reverting to the City shall be in commercially reasonable condition, normal wear and tear excepted. All personal property of the Lessee shall be removed from the facility within seven (7) calendar days following termination as called for in this Agreement During the construction of the improvementsImprovements, the City AdministratorAirport Director or designee may, or designeeafter providing reasonable notice to Lessee, may enter upon the Leased Premises during the Airport's normal business hours and make inspections as may be necessary to ensure that the construction of the improvements Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specificationsLease. During this Lease, Lessee shall, subject to the other terms and conditions of this Lease, have the continuing right to remodel, renovate and refurbish the Leased Premises subject and Improvements, or any part thereof, and to the submission of a written request build and a complete set of plans to the City construct new additions and after obtaining Improvements thereon and thereto; provided, however, that changes costing more than one hundred thousand dollars ($100,000) shall require the prior written consent of the City and the appropriate permits. In the event a lien is attached Airport Director, whose consent to the Leased Premises modifications will not be unreasonably withheld, conditioned or Xxxxxx's leasehold interest, Lessee shall satisfy delayed. The City will promptly approve in writing all plans and remove any such lien within ten (14) calendar days design related change orders through completion of notice of such lienthe Project. Lessee shall notify not allow a lien to attach to the Premises or Lessee's leasehold interest without the prior written approval of the City Commission. Notwithstanding the City Commission's approval, the City's fee simple interest in writing immediately upon receipt of such notice the surface estate burdened by Lessee's leasehold estate must be exempt from said lien. Any lien of a lender shall contain the following language, or such other similar language as may be approved by City Attorney: "Lender agrees that the lien created by this instrument is effective only as to Lessee's leasehold estate created by the Lease, dated , 2018, executed by the City of Williston, as City, and , doing business as , as Lessee, and does not affect City's interest, being filed and within twenty-four (24) hours of the removal of such lien. fee simple estate burdened by Lessee's leasehold estate." In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the improvements Improvements constructed by Lessee, fixtures, or trade fixtures Lessee located on the Leased Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rentrent, as if said lender lender, financing agency, or guarantor 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 (365360) calendar days) ] to sublease any available improvementsImprovements to those parties that are pre- approved by Airport Director in writing. Lessee covenants that all construction, including all workmanship and materials, will be of first-class quality. As used herein, the term “"first-class quality” " means 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 Improvements on the Leased Premises, Lessee must certify to the City 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, rules, ordinances, and regulations. Lessee must include in all construction contracts entered into, into a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure the City, including its officers, agents, elected officialscontractors, 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 Leased Premises or the Airport and performance of any or all of the construction work thereonwork, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of the City, its officers, agents, contractors, or employees. Lessee must furnishfurnish or, or in the alternative, require the contractor to furnish, insurance as required in Section 8 herein.

Development of Improvements. Throughout the Term of the Agreement, all All plans and specifications for Lessee's ’s improvements and all renovations, remodeling, refurbishment, refurbishing and construction upon the Leased Premises must meet all fire, building, and other applicable cityCounty, state and federal regulations and code requirements. The Airport reserves the right to approve any and all plans. Failure of approval by the Airport may result in termination of this lease agreement. Lessee shall be responsible for obtaining required building permits and FAA permits, if applicable, and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements by the CityCounty, Xxxxxx must provide one set of Mylar as built plans and one electronic copy of the record documents to the City AdministratorCounty, who will keep one set of plans on file at the CityAirport Director’s administrative offices. Lessee must keep said documents current, by providing one electronic copy of all record documents showing any alteration in excess of twenty-five thousand dollars ($25,000) to the Leased Premises during the term of this Lease to City Administrator, 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 City. Lessee will be responsible for arranging and paying for, at its sole cost, water, sewer, and electrical connections to the site. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Lessee shall be granted the right to place and use a liquid propane tank on the Leased Premises until the City installs a natural gas line at which time the use of the propane must be suspended, and Lessee shall connect to the natural gas line as called for in this Agreement. All costs associated with the placement of the propane tank and the propane shall be at the sole cost of the Lessee. Lessee shall submit to the City a detailed plan for the placement and connection of the propane and the City shall have thirty (30) calendar days to approve such plans. The parties agree to work cooperatively to identify a mutually agreeable location for the propane. The Lessee and contractor will coordinate placement of the facility, design, staging, and construction with the City. Lessee shall be responsible for causing the Leased Premises and adjacent properties 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. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Leased Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements and facilities upon the Leased Premises shall be paid solely by the Lessee, without any cost or expense to the City whatsoever. Upon termination of this Lease as called for herein, ownership of the Improvements constructed by Xxxxxx on the Leased Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Leased Premises or the improvements thereon or, at the discretion of the Lessee, shall be removed by the Lessee at its sole expense and the ground returned to its original condition, normal wear and tear excepted. Facilities reverting to the City shall be in commercially reasonable condition, normal wear and tear excepted. All personal property of the Lessee shall be removed from the facility within seven (7) calendar days following termination as called for in this Agreement During the construction of the improvements, the City Administrator, or designee, may enter upon the Leased 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 Leased Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the prior written consent of the City and the appropriate permits. In the event a lien is attached to the Leased Premises or Xxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (14) calendar days of notice of such lien. Lessee shall notify the City in writing immediately upon 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 Leased 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 first-class quality. As used herein, the term “first-class quality” means 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 Leased Premises, Lessee must certify to the City 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 regulationsoffice. 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 the CityCounty, 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 Leased 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 the CityCounty, its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish, furnish insurance as required in paragraph 24 herein. Lessee will be responsible for arranging and paying for, at its sole cost, all utility connections to the site. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. The Lessee and contractor will coordinate placement of the facility, design, and construction with the County. Lessee shall be responsible for causing the Premises and adjacent properties 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 County, provided, however, that Lessee shall not be responsible for the acts of third parties except Xxxxxx’s agents, contractors, and employees. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements and facilities upon the Premises shall be paid solely by the Lessee, without any cost or expense to County whatsoever. 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. 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 shall be solely responsible for the payment of all utility charges and assessments related to the Premises and the performance and funding of maintenance required to maintain the Premises in a first class condition, normal wear and tear excepted, through the Base Term and any executed Option Term(s). Lessee shall also be responsible for arranging for and funding all the required insurance coverages as identified in this Lease and must include the County as an additional insured under the policies. 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 County, and after obtaining the prior written consent of the County and the appropriate permits. Lessee must provide one set of Mylar 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 become an Exhibit to this Lease. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the County without further written approval by the Airport Director. In the event a lien is attached to the Premises or Xxxxxx’s leasehold interest, Lessee shall satisfy and remove any such lien within fourteen (14) calendar days of notice of such lien. Lessee shall notify the County 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 Xxxxxx, 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 Xxxxxx 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) days to sublease any available improvements. Lessee covenants that all construction, including all workmanship and materials, will be of first class quality. As used herein, the term “first class quality” means of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property.

Development of Improvements. Throughout the Term of the Agreement, all All plans and specifications for Lessee's improvements Improvements and all renovations, remodeling, refurbishment, refurbishing and construction upon the Leased Premises must meet all City fire, building, and other applicable cityCity, state and federal regulations and code requirements. Lessee shall be responsible for , including obtaining required building permits and FAA permits, if applicable, and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements Improvements by the City, Xxxxxx Lessee must provide one (1) set of Mylar as-built plans and one electronic copy of the record documents to the City AdministratorAirport Director, who will keep one set of plans on file at the CityAviation Director’s administrative officesoffice. Lessee must keep said as-built documents current, current by providing one (1) set of Mylar "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty-five thousand dollars ($25,000) 100,000 to the Leased Premises during the term of this Lease to City AdministratorAirport Director, which plans are to be attached to this Lease as a supplement 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 Airport Director without further written approval by the CityAirport Director. Lessee will be responsible for arranging and paying for, at its sole cost, water, sewer, and electrical all utility connections to the sitePremises. Utility usage will be billed directly to the Lessee and payment paid for by the Lessee unless and until Xxxxxx has delegated the responsibility for utility payments to Sublessee. The Lessee will coordinate design and construction of the Improvements with the Airport and Airport Director. All plans and specifications must be submitted to the Airport Director and the Airport Director must provide written approval of all plans prior to the commencement of work. Failure to comply will be considered a breach of contract and all rights and remedies shall vest with the sole responsibility of the LesseeCity. Lessee shall be granted the right to place and use a liquid propane tank on the Leased Premises until the City installs a natural gas line at which time the use of the propane must be suspended, and Lessee shall connect to the natural gas line as called for in this Agreement. All costs associated comply with the placement of the propane tank and the propane shall be at the sole cost of the LesseeAirport Development Standards. Lessee shall submit will be required to the City a detailed plan for the placement and connection of the propane and the City shall have thirty (30) calendar days adhere to approve such plans. The parties agree to work cooperatively to identify a mutually agreeable location for the propane. The Lessee and contractor will coordinate placement of the facility, design, staging, and construction with all landscaping requirements as required by the City. Lessee shall be responsible for causing the Leased Premises and adjacent properties to be maintained and kept in good order and condition during construction and upon completion of the improvements Improvements in accordance with commercially reasonable standards at no cost to the City. During development, Lessee will coordinate all construction traffic with the Airport so as to not inhibit regular Airport traffic and to keep roadways safe and clean. The Airport has no objection to the use of construction trailer arrangements on Airport property during construction subject to the requirements of the United States. and the North Dakota Departments of Transportation. Lessee will enter into a construction contract with a reputable contractor and the Airport reserves the right to approve the contractor, which approval shall not be unreasonably withheld, conditioned or delayed. All construction parking and staging will occur on the Premises unless agreed to by the Airport in writing. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Leased Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements Improvements and facilities upon the Leased Premises shall be paid solely by the Lessee, without any cost or expense to the City whatsoever. Upon termination of this Lease as called for hereinLease, ownership of the Improvements constructed by Xxxxxx on the Leased Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Leased Premises or the improvements thereon or, at the discretion of the Lessee, shall be removed by the Lessee at its sole expense and the ground returned to its original condition, normal wear and tear exceptedImprovements thereon. Facilities reverting to the City shall be in commercially reasonable condition, normal wear and tear excepted. All personal property of the Lessee shall be removed from the facility within seven (7) calendar days following termination as called for in this Agreement During the construction of the improvementsImprovements, the City AdministratorAirport Director or designee may, or designeeafter providing reasonable notice to Lessee, may enter upon the Leased Premises during the Airport's normal business hours and make inspections as may be necessary to ensure that the construction of the improvements Improvements is performed in accordance with the requirements of this Lease and in accordance with the submitted plans and specificationsLease. During this Lease, Lessee shall, subject to the other terms and conditions of this Lease, have the continuing right to remodel, renovate and refurbish the Leased Premises subject and Improvements, or any part thereof, and to the submission of a written request build and a complete set of plans to the City construct new additions and after obtaining Improvements thereon and thereto; provided, however, that changes costing more than one hundred thousand dollars ($100,000) shall require the prior written consent of Airport Director, whose consent to the modifications will not be unreasonably withheld, conditioned or delayed. The City will promptly approve in writing all plans and design related change orders through completion of the appropriate permitsProject. In the event Lessee shall not allow a lien is attached to attach to the Leased Premises or Xxxxxx's leasehold interest without the prior written approval of the City Commission. Notwithstanding the City Commission's approval, the City's fee simple interest in the surface estate burdened by Xxxxxx's leasehold estate must be exempt from said lien. Any lien of a lender shall contain the following language, or such other similar language as may be approved by City Attorney: "Xxxxxx agrees that the lien created by this instrument is effective only as to Xxxxxx's leasehold estate created by the Lease, dated , 2018, executed by the City of Williston, as City, and , doing business as , as Lessee, and does not affect City's interest, Lessee shall satisfy and remove any such lien within ten (14) calendar days of notice of such lien. Lessee shall notify being the City in writing immediately upon receipt of such notice of a lien being filed and within twenty-four (24) hours of the removal of such lien. fee simple estate burdened by Xxxxxx's leasehold estate." In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the improvements Improvements constructed by Lessee, fixtures, or trade fixtures Lessee located on the Leased Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Lessee, including without limitation paying Rentrent, as if said lender lender, financing agency, or guarantor 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 (365360) calendar days) ] to sublease any available improvementsImprovements to those parties that are pre- approved by Airport Director in writing. Lessee covenants that all construction, including all workmanship and materials, will be of first-class quality. As used herein, the term “"first-class quality” " means 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 Improvements on the Leased Premises, Lessee must certify to the City 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, rules, ordinances, and regulations. Lessee must include in all construction contracts entered into, into a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure the City, including its officers, agents, elected officialscontractors, 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 Leased Premises or the Airport and performance of any or all of the construction work thereonwork, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of the City, its officers, agents, contractors, or employees. Lessee must furnishfurnish or, or in the alternative, require the contractor to furnish, insurance as required in Section 8 herein.

Development of Improvements. Throughout the Term of the Agreement, all All plans and specifications for Lessee's improvements and all renovations, remodeling, refurbishment, refurbishing and construction upon the Leased Premises must meet all fire, building, and other applicable city, state and federal regulations and code requirements. Lessee shall be responsible for obtaining required building permits and FAA permits, if applicable, permits and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements by the CityLessor, Xxxxxx Lessee must provide one set of Mylar as-built plans and one electronic copy of the record documents to the City AdministratorAirport Director, who will keep one set of plans on file at the CityAirport Director’s administrative officesoffice. Lessee must keep said documents current, by providing one set of Mylar "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty-twenty five thousand dollars ($25,000) to the Leased Premises during the term of this Lease to City AdministratorAirport 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 City. Lessee will be responsible for arranging and paying for, at its sole cost, water, sewer, and electrical cost all utility connections to the site. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Lessee shall be granted the right to place and use a liquid propane tank on the Leased Premises until the City installs a natural gas line at which time the use of the propane must be suspended, and Lessee shall connect to the natural gas line as called for in this Agreement. All costs associated with the placement of the propane tank and the propane shall be at the sole cost of the Lessee. Lessee shall submit to the City a detailed plan for the placement and connection of the propane and the City shall have thirty (30) calendar days to approve such plans. The parties agree to work cooperatively to identify a mutually agreeable location for the propane. The Lessee and contractor will coordinate placement of the facility, design, staging, and construction with the City. Lessee shall be responsible for causing the Leased Premises and adjacent properties 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. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Leased Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements and facilities upon the Leased Premises shall be paid solely by the Lessee, without any cost or expense to the City whatsoever. Upon termination of this Lease as called for hereinLease, ownership of the Improvements constructed by Xxxxxx Lessee on the Leased Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Leased Premises or the improvements thereon or, at the discretion of the Lessee, shall be removed by the Lessee at its sole expense and the ground returned to its original condition, normal wear and tear excepted. Facilities reverting to the City shall be in commercially reasonable condition, normal wear and tear excepted. All personal property of the Lessee shall be removed from the facility within seven (7) calendar days following termination as called for in this Agreement During the construction of the improvements, the City Administrator, Airport Director or designee, designee may enter upon the Leased 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 Leased Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the prior written consent of the City and the appropriate permits. In the event a lien is attached to the Leased Premises or XxxxxxLessee's leasehold interest, Lessee shall satisfy and remove any such lien within ten (14) 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-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 Leased 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 first-class quality. As used herein, the term “"first-class quality” " means 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 Leased Premises, Lessee must certify to the City 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 the 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 Leased 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 the City, its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish, insurance as required in Paragraph 24 herein.

Development of Improvements. Throughout the Term of the Agreement, all All plans and specifications for Lessee's improvements and all renovations, remodeling, refurbishment, refurbishing and construction upon the Leased Premises must meet all fire, building, and other applicable city, state and federal regulations and code requirements. Lessee shall be responsible for obtaining required building permits and FAA permits, if applicable, permits and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements by the CityXxxxxx, Xxxxxx Lessee must provide one set of Mylar as-built plans and one electronic copy of the record documents to the City AdministratorAirport Director, who will keep one set of plans on file at the CityAirport Director’s administrative officesoffice. Lessee must keep said documents current, by providing one set of Mylar "as-built" plans and one electronic copy of all record documents showing any alteration in excess of twenty-twenty five thousand dollars ($25,000) to the Leased Premises during the term of this Lease to City AdministratorAirport 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 City. Lessee will be responsible for arranging and paying for, at its sole cost, water, sewer, and electrical cost all utility connections to the site. Utility usage will be billed directly to the Lessee and payment will be the sole responsibility of the Lessee. Lessee shall be granted the right to place and use a liquid propane tank on the Leased Premises until the City installs a natural gas line at which time the use of the propane must be suspended, and Lessee shall connect to the natural gas line as called for in this Agreement. All costs associated with the placement of the propane tank and the propane shall be at the sole cost of the Lessee. Lessee shall submit to the City a detailed plan for the placement and connection of the propane and the City shall have thirty (30) calendar days to approve such plans. The parties agree to work cooperatively to identify a mutually agreeable location for the propane. The Lessee and contractor will coordinate placement of the facility, design, staging, and construction with the City. Lessee shall be responsible for causing the Leased Premises and adjacent properties 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. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Leased Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements and facilities upon the Leased Premises shall be paid solely by the Lessee, without any cost or expense to the City whatsoever. Upon termination of this Lease as called for hereinLease, ownership of the Improvements constructed by Xxxxxx Lessee on the Leased Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Leased Premises or the improvements thereon or, at the discretion of the Lessee, shall be removed by the Lessee at its sole expense and the ground returned to its original condition, normal wear and tear excepted. Facilities reverting to the City shall be in commercially reasonable condition, normal wear and tear excepted. All personal property of the Lessee shall be removed from the facility within seven (7) calendar days following termination as called for in this Agreement During the construction of the improvements, the City Administrator, Airport Director or designee, designee may enter upon the Leased 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 Leased Premises subject to the submission of a written request and a complete set of plans to the City and after obtaining the prior written consent of the City and the appropriate permits. In the event a lien is attached to the Leased Premises or Xxxxxx's leasehold interest, Lessee shall satisfy and remove any such lien within ten (14) calendar days of notice of such lien. Lessee Xxxxxx shall notify the City in writing immediately upon the receipt of such notice of a lien being filed and within twenty-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 Leased 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 first-class quality. As used herein, the term “"first-class quality” " means 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 Leased Premises, Lessee must certify to the City 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 the 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 Leased 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 the City, its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish, insurance as required in Paragraph 24 herein.