Development of Improvements. All plans and specifications for Lessee’s improvements and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable County, 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 for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements by the County, ▇▇▇▇▇▇ must provide one set of Mylar as built plans and one electronic copy of the record documents to the County, who will keep one set of plans on file at the Airport Director’s office. 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 County, 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 County, its officers, agents, or employees. Lessee must furnish, or require the contractor to 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 ▇▇▇▇▇▇’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 ▇▇▇▇▇▇’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 ▇▇▇▇▇▇, 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 ▇▇▇▇▇▇ 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.
Appears in 1 contract
Sources: Development and Ground Lease
Development of Improvements. All 5.1 Lessee agrees, at its sole cost and expense, to purchase, develop, construct, install or cause to be developed, constructed or installed the Improvements in a timely manner and pursuant to the District-approved plans and specifications for subject to any applicable federal, state and local site, zoning, and design review and all other required approvals. A Schedule of Performance is attached hereto as Exhibit “F”. Lessee’s improvements failure to comply with the Schedule of Performance shall constitute a breach of this Agreement.
5.2 Lessee shall purchase, develop, construct, install or cause to be developed, constructed and installed the Improvements in accordance with all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable Countylocal, state and federal laws, regulations and code requirementsrules.
5.3 Lessee shall comply with all applicable requirements of the California Environmental Quality Act (“CEQA”) and its implementing regulations in its use of any of the District Property. The Airport reserves Lessee specifically acknowledges that, pursuant to the right indemnification provision in this Agreement, the Lessee shall protect, defend, indemnify and hold harmless the District in any CEQA-related claims, lawsuits, or actions of any kind. In addition, Lessee acknowledges that District may be required to prepare and approve any documents required by CEQA related to the Improvements including, without limitation, an initial study, a negative declaration, and/or an environmental impact report. Lessee agrees to pay District all costs, fees, and all plans. Failure of approval expenses incurred by the Airport District that are related, in any way, to CEQA.
5.4 Not less than fifteen (15) calendar days prior to the development, construction, installation, major repair, renovation, or demolition of any Improvements, Lessee shall provide District with the following:
5.4.1 Information regarding the contractor(s)’ financial
5.4.2 Certificates of insurance and endorsement naming the District as an additional insured;
5.4.3 A performance bond and payment bond, each for one hundred percent (100%) of the contractor(s)' contract price and each on a District- approved form; and
5.4.4 Evidence to District’s reasonable satisfaction that adequate funds to complete the Improvements are committed and available or that completion has been otherwise adequately assured. No construction shall commence until District has given Lessee written acceptance of all information and assurances.
5.5 Lessee shall give District fifteen (15) days prior written notice before commencing any work on the Property so that District may result in termination post such notices of this lease agreementnon-responsibility with respect thereto as District may deem appropriate. Lessee shall be responsible provide District with sufficient evidence that it has obtained all required approvals and permits for obtaining required building permits the work and for paying all permit fees associated that Lessee or Lessee’s contractor(s) has in effect, with the premiums paid, adequate casualty and liability insurance (including builder’s risk) coverage and workers’ compensation.
5.6 Upon commencement of development. Upon final completion , construction and acceptance installation of the improvements by the CountyImprovements, ▇▇▇▇▇▇ must provide one set of Mylar as built plans and one electronic copy of the record documents to the County, who will keep one set of plans on file at the Airport Director’s office. 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 County, 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 County, its officers, agents, or employees. Lessee must furnish, or require the contractor to 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 cause the Premises and adjacent properties work to be maintained in good order and condition during construction and upon diligently pursued to 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 ▇▇▇▇▇▇’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 Schedule 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 Performance 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 shallby District, subject to unavoidable delays caused by supply shortages, strikes, or acts of God.
5.7 All work on the terms Improvements shall be performed in a sound and conditions of this Leaseworkmanlike manner, have in compliance with the continuing right to remodel, renovate applicable laws and refurbish the Premises subject to the submission of a written request and a complete set of plans to the Countybuilding codes, and after obtaining in conformance with 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 specifications approved by District or any alteration in excess of Twenty- five Thousand Dollars ($25,000) to the Premises during the term of this Lease to the Airport Director, modifications thereto 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 ▇▇▇▇▇▇’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 have been approved 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 ▇▇▇▇▇▇, 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 ▇▇▇▇▇▇ 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 propertyDistrict.
Appears in 1 contract
Sources: Joint Occupancy and Lease Agreement
Development of Improvements. All plans and specifications for Lessee’s improvements and all renovations, remodeling, refurbishing and construction upon the Premises must meet all fire, building, and other applicable County, 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. 9.1 Lessee shall be responsible for obtaining required building permits and for paying all permit fees associated with the development. Upon final completion and acceptance of the improvements by the County, ▇▇▇▇▇▇ must provide one set of Mylar as built plans and one electronic copy of the record documents to the County, who will keep one set of plans on file at the Airport Director’s office. 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 County, 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 County, its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish insurance as required in paragraph 24 herein. Lessee will be responsible for arranging and paying foragrees, at its sole costcost and expense, all utility connections to purchase, develop, construct, install or cause to be developed, constructed or installed the Improvements in a timely manner and pursuant to the District-approved plans and specifications subject to any applicable federal, state and local 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, designzoning, and construction with the Countydesign review and all other required approvals. Lessee shall be responsible for causing the Premises and adjacent properties to be maintained in good order and condition during construction and upon completion A Schedule 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 Performance is attached hereto as Exhibit “F”. ▇▇▇▇▇▇’s agentsfailure to comply with the Schedule of Performance shall constitute a breach of this Agreement.
9.2 Lessee shall purchase, contractorsdevelop, construct, install or cause to be developed, constructed 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 installed 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 Improvements in accordance with the all applicable local, state and federal laws, regulations and rules.
9.3 Lessee shall comply with all applicable requirements of the California Environmental Quality Act (“CEQA”) and its implementing regulations in its use of any of the District Property. ▇▇▇▇▇▇ specifically acknowledges that, pursuant to the indemnification provision in this Lease Agreement, the Lessee shall protect, defend, indemnify and hold harmless the District in accordance any CEQA-related claims, lawsuits, or actions of any kind. In addition, Lessee acknowledges that District may be required to prepare and approve documents required by CEQA related to the Improvements including, without limitation, an initial study, a negative declaration, and/or an environmental impact report. ▇▇▇▇▇▇ agrees to pay District all costs, fees, and expenses incurred by the District that are related, in any way, to CEQA.
9.4 Not less than fifteen (15) calendar days prior to the development, construction, installation, major repair, renovation, or demolition of any Improvements, Lessee shall provide District with the submitted plans following:
9.4.1 Information regarding the contractor(s)’ financial condition;
9.4.2 Certificates of insurance and specificationsendorsement naming the District as an additional insured;
9.4.3 A performance bond and payment bond, each for one hundred percent (100%) of the contractor(s)' contract price and each on a District-approved form; and
9.4.4 Evidence to District’s reasonable satisfaction that adequate funds to complete the Improvements are committed and available or that completion has been otherwise adequately assured. After completing No construction shall commence until District has given Lessee written acceptance of improvements all information and assurances.
9.5 Lessee shall give District fifteen (15) days prior written notice before commencing any work on the Premises, Property so that District may post such notices of non- responsibility with respect thereto as District may deem appropriate. Lessee must certify to shall provide District with sufficient evidence that it has obtained all required approvals and permits for the Airport Director that the improvements were completed according to the approved plans and specifications, work 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 ▇▇▇▇▇▇’s leasehold interestcontractor(s) has in effect, with premiums paid, adequate casualty and
9.6 Upon commencement of development, construction and installation of the Improvements, Lessee shall satisfy cause the work to be diligently pursued to completion in accordance with the schedule for completion approved by District, subject to unavoidable delays caused by supply shortages, strikes, or acts of God.
9.7 All work on the Improvements shall be performed in a sound and remove workmanlike manner, in compliance with the applicable laws and building codes, and in conformance with the plans and specifications approved by District or any such lien within fourteen (14) calendar days of notice of such lienmodifications thereto which have been approved in writing by District.
9.8 [RESERVED]
9.9 District or District’s agent shall have a continuing right at all times during the period that the District Improvements are being developed, constructed and installed on the Property to enter the Property and to inspect the work. Lessee shall notify the County require its contractor(s) to reasonably cooperate with District or its agent in writing immediately upon the receipt such inspections.
9.10 Within ninety (90) days after completion of such notice of a lien being filed development and within twenty-four (24) hours construction of the removal Improvements, Lessee shall deliver to District two (2) full and complete sets of such lien. In as-built plans for the event work as completed.
9.11 District shall cooperate with Lessee by executing and, if necessary, recording any required applications for zoning or use permits necessary for the operation of any foreclosure Improvements as may be reasonably required to complete the Improvements, however, no costs shall accrue to or be borne by any lenderDistrict.
9.12 The Parties expect that the purchase, financing agencydevelopment, or guarantor of its lien or liens on the improvements constructed by ▇▇▇▇▇▇, fixtures, or trade fixtures located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, construction and duties of Lessee, including without limitation paying Rent, as if said lender was originally named ▇▇▇▇▇▇ 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 installation of the same quality as materials used Improvements shall be completed prior to construct other buildings used for the same or similar purposes already constructed on the Airport property.expiration of Twenty months
Appears in 1 contract
Sources: Joint Occupancy and Lease Agreement