Common use of Height Restriction Clause in Contracts

Height Restriction. The height of all temporary and permanent structures, objects of natural growth and other obstructions (“Obstructions”) on the Premises, including, but not limited to, lighting poles, flag poles, signage, promotional displays and cranes and other similar equipment, shall be limited to such height so as to comply with 14 CFR Part 77, as now or hereafter amended. All Obstructions to be constructed or installed on the Premises shall be reviewed by the FAA prior to construction or installation. In no event shall any Obstructions be constructed or installed on the Premises, which are determined by the FAA to be an airspace obstruction or to pose a potential threat to air navigation. All Obstructions shall be consistent with the Palm Beach County Airport Zoning Ordinance (as codified in Article 16 of the Palm Beach County Unified Land Development Code), as now or hereafter amended. Upon notification by County that any Obstruction located on the Premises is adversely affecting air navigation or has resulted in a notice from the FAA or Florida Department of Transportation or has resulted in complaints from pilots operating aircraft at the Airport, Tenant shall immediately take whatever action is necessary to mitigate or removes such Obstruction. In addition to any other remedies provided for herein, Tenant agrees that County shall be entitled to engage in self- help in the event of: (a) any violation of this Section of this Lease; or (b) a determination by County and/or the FAA that an Obstruction located on the Premises is adversely affecting air navigation. Without limiting the generality of the foregoing, Tenant acknowledges that County shall be entitled to enter the Premises and address the Obstruction, which may include, but is not limited, trimming or removing trees.

Appears in 2 contracts

Sources: Development Site Lease Agreement, Development Site Lease Agreement