Common use of Improvements and Use Clause in Contracts

Improvements and Use. A. Tenant shall be responsible for maintaining a paved aircraft taxiway and ramp area in front of the hangar. It is the responsibility of the Tenant to maintain this entire ramp area in a manner which is safe and clean of debris so as not to cause danger or unsafe conditions for taxiing aircraft and airport users. Tenant grants the right to users of the Fremont County Airport the right to use this aircraft ramp area from time to time for passage of aircraft on the adjacent taxiway moving through this area of the airport. B. At the end of the initial lease term/or any renewal thereof, the parties agree that the Tenant may at its/his/her sole expense remove any improvements from the Leased Premises. Any removal shall be conditional upon the restoration for the Leased Premises to its original condition and with no damages to the Leased Premises being occasioned. Said removal shall also be expressly conditional upon the fact that the Tenant is not in default as to payment of rental or in default as to any other conditions of this Agreement. Notice of intent to remove said improvements shall be given to Landlord in writing no later than ninety (90) days prior to the end of such initial lease term or renewal period, and shall be completed no later than the end of such term or period. If at the end of the lease term Landlord deems it beneficial to retain the concrete slab after removal of the hangar and Landlord advises the Tenant to that effect, Tenant shall not remove said slab. C. The Leased Premises and the improvements shall be occupied by Tenant or its subtenants as a hangar facility for the servicing and storage of aircraft owned or leased by Tenant or subtenants or their parent corporations, subsidiaries or affiliates, and for such other purposes directly related to such uses. Tenant and its subtenants shall have no right to utilize said premises, or any improvement thereon, other than as specifically allowed under this paragraph, and it is specifically understood that the Leased Premises shall not be used for an aviation fixed base operation or similar type commercial aviation operation. The operation of any commercial aviation activity within Tenant’s Hangar without first obtaining the written approval from the Fremont County Board of County Commissioners shall be deemed a substantial breach and will result in cancellation of this Agreement. D. In the event Tenant or its subtenants wish to operate a commercial business on the Leased Premises, then formal application must be submitted and written approval received from the Fremont County Board of County Commissioners. Tenant’s regular employees may perform maintenance, preventative maintenance, rebuilding and alteration of Tenant’s aircraft and components as allowed under the U.S. Federal Aviation Regulations Part 43. No maintenance shall be performed on the Leased Premises on aircraft not owned by Tenant or owned by subtenants or assignees. Tenant shall secure a written Special Use Permit from the Fremont County Board of County Commissioners or its agents for any variances to this paragraph that may be desired. Such special use permit shall be renewable annually upon review by the Fremont County Board of Commissioners. Assignments and subleases are further subject to the terms and conditions as set forth in Section 15. ▇. ▇▇▇▇▇▇ grants the County the right to enter said Leased Premises and to do what is necessary for the purposes of repairing, replacing and/or maintaining any and all utility lines under said Leased Premises which serve other uses at the Fremont County Airport, it being understood that the County will repair, in a good and workmanlike fashion, and all damage done to said Leased Premises as the result of work done hereunder. F. The storage and accumulation of flammables, explosive liquids or solids, waste, debris or other hazardous materials is not permitted within the hangar or adjacent to the hangar other than the fuel or gasoline contained in the aircraft themselves, or otherwise in fuel tanks of vehicles, such as cars, lawnmowers, snow blowers, or other equipment legitimately located in or adjacent to the hangar. Tenant shall maintain the hangar in accordance with the requirements and regulations of the Fremont County Airport Rules and Regulations, State of Colorado and United States Environmental Protection Agency. The Tenant shall be responsible for all costs associated with mitigating any contamination of the soil or improvements thereon which is caused by the Tenant. G. Tenant will not modify, alter, paint or improve the completed hangar except to the extent required to maintain its original state. Any additional modification, painting or improvements must receive prior written approval from the Airport Manager. H. Tenant shall not park or leave aircraft on the taxiways or on pavement adjacent to the hangar in a manner which unduly interferes with or obstructs access to adjacent hangars. Parking of automobiles will be permitted only in designated parking areas or within the hangar.

Improvements and Use. A. Tenant The Leased Premises shall be used and occupied by Lessee as a facility for the sale of aviation fuel and other related aeronautical services and products. B. Lessee shall maintain the Leased Premises in accordance with the requirements and regulations of Lessor and Lessor’s fire code. Lessee shall be responsible for maintaining a paved aircraft taxiway all costs, fees, charges, and ramp area in front penalties associated with the discharge or release of any hazardous material (including petroleum products) or mitigating the hangarcontainment or removal of any contamination or hazardous material (including petroleum products) on, over and under the Leased Premises, Fuel Farm and Ramp which is caused by Lessee, its officers, agents, employees, contractors or fuel suppliers. It is the responsibility of the Tenant to maintain this entire ramp area in a manner which is safe and clean of debris so as not to cause danger or unsafe conditions for taxiing aircraft and airport users. Tenant grants the right to users of the Fremont County Airport the right to use this aircraft ramp area from time to time for passage of aircraft on the adjacent taxiway moving through this area of the airport. B. At the end of the initial lease term/or any renewal thereof, the parties agree understood that the Tenant may at its/his/her sole expense remove any improvements from the Leased Premises. Any removal shall be conditional upon the restoration for the Leased Premises to its original condition and with no damages to the Leased Premises being occasioned. Said removal shall also be expressly conditional upon the fact that the Tenant Lessee is not in default as responsible for any conditions, which may be determined to payment have been caused by parties other than Lessee, its officers, agents, employees, contractors or fuel suppliers. The storage and accumulation of rental or in default as to any other conditions of this Agreement. Notice of intent to remove said improvements shall be given to Landlord in writing no later than ninety (90) days prior to the end of such initial lease term or renewal periodaviation fuel, and shall be completed no later than the end of such term or period. If at the end of the lease term Landlord deems it beneficial to retain the concrete slab after removal of the hangar and Landlord advises the Tenant to that effectflammables, Tenant shall not remove said slab. C. The Leased Premises and the improvements shall be occupied by Tenant or its subtenants as a hangar facility for the servicing and storage of aircraft owned or leased by Tenant or subtenants or their parent corporations, subsidiaries or affiliates, and for such other purposes directly related to such uses. Tenant and its subtenants shall have no right to utilize said premisesexplosive liquids, or any improvement thereonsolids, waste, debris or other than as specifically allowed under this paragraph, and it is specifically understood that the Leased Premises shall not be used for an aviation fixed base operation hazardous materials within or similar type commercial aviation operation. The operation of any commercial aviation activity within Tenant’s Hangar without first obtaining the written approval from the Fremont County Board of County Commissioners shall be deemed a substantial breach and will result in cancellation of this Agreement. D. In the event Tenant or its subtenants wish to operate a commercial business on the Leased Premises, then formal application must be submitted and written approval received from the Fremont County Board of County Commissioners. Tenant’s regular employees may perform maintenance, preventative maintenance, rebuilding and alteration of Tenant’s aircraft and components as allowed under the U.S. Federal Aviation Regulations Part 43. No maintenance Ramp or Fuel Farm shall be performed on in an environmentally sound manner and comply with all Federal, State and Local laws and regulations. C. Lessee, at its sole cost and expense, may cause to be constructed and installed upon the Leased Premises on aircraft additional improvements in accordance with plans and specification approved by Lessor, including architectural approval, which consent will not owned by Tenant be unreasonably withheld or owned by subtenants or assigneesarbitrarily delayed. Tenant shall secure a written Special Use Permit from the Fremont County Board of County Commissioners or its agents for any variances to this paragraph that may be desired. Such special use permit The improvements shall be renewable annually upon review constructed in a good and workmanlike manner in accordance with the applicable laws, ordinances and building codes and pursuant to a building permit issued by the Fremont County Board Regional Building Department. Lessee will not modify, alter, or improve any improvements upon the Leased Premises whether now existing or hereafter constructed without the prior written approval of CommissionersLessor, which approval shall not be unreasonably or arbitrarily denied or withheld. Assignments Lessee may paint any improvements upon the Leased Premises and subleases are further subject to the terms and conditions as set forth in Section 15Fuels Tanks with the prior approval of Lessor. ▇. ▇▇▇▇▇▇ D. Lessee grants the County to Lessor the right to enter said the Leased Premises and to do what is necessary for the purposes of repairing, replacing replacing, and/or maintaining any and all utility lines under said the Leased Premises which serve other uses at the Fremont County Airport, it being understood that the County Lessor will repair, in a good and workmanlike fashion, any and all damage done to said the Leased Premises as the result of utility work done hereunder. F. The storage E. During the term of this Lease, Lessee shall on a regular and accumulation continuous basis provide aircraft fueling services upon the Leased Premises and, if necessary, the Ramp premises. In the event that Lessor, during the term of flammablesthis Lease, explosive liquids adopts or solidshas in effect any rules, wasteregulations or minimum standards for airport aeronautical services, debris which require tenants at the Airport to provide one or other hazardous materials more services to their customers, Lessee may only be required to provide, on a regular and continuous basis thereunder, aircraft fueling. Provided, however, in the event the Lessee becomes the sole entity at the Airport with the ability to perform the services of a fixed base operator and is not permitted within requested by the hangar City’s Director of Aviation to perform those services customarily provided by a fixed base operator, Lessee agrees to provide such services, either independently or adjacent to through the hangar other than the fuel or gasoline use of subcontractors approved by Lessor. Nothing contained in this Section or anywhere else in this Lease shall be construed to prohibit Lessee from providing on the Leased Premises any fixed-based operation activities, including sale of aviation fuels, fueling aircraft, aircraft themselvesmaintenance, repairs, charter services, flight instruction, aircraft rental, aircraft sales and other activities normally associated with or otherwise in fuel tanks of vehiclesincidental to a fixed-base operation. Lessee, such as cars, lawnmowers, snow blowers, or other equipment legitimately located in or adjacent to the hangar. Tenant shall maintain the hangar in accordance with the requirements and regulations consent of the Fremont County Airport Rules and RegulationsCity Manager of Lessor, State of Colorado and United States Environmental Protection Agency. The Tenant which consent shall not be responsible for all costs associated unreasonably withheld, may provide upon the Leased Premises any lawful, fixed-based operation activities which do not interfere with mitigating any contamination the safety of the soil or improvements thereon which is caused by the Tenantoperation of Airport. G. Tenant will not modify, alter, paint or improve the completed hangar except F. Lessee acknowledges and agrees that Lessor’s primary obligation is to the extent required to maintain its original state. Any additional modification, painting or improvements must receive prior written approval from operate the Airport Managerfor the use and benefit of the public and that the Leased Premises and Ramp are prime locations for fixed-based operations at the Airport. Therefore, in view of the foregoing and long-term nature of this Lease, Lessee and Lessor shall meet at least annually to discuss Lessee’s plans for the development and use of the Leased Premises and Ramp, the types, kinds and classes of aeronautical activities then reasonably anticipated to be provided in the future, and Lessee’s planned additions to and/or modifications of the Leased Premises. H. Tenant shall not park or leave aircraft on the taxiways or on pavement adjacent to the hangar in a manner which unduly interferes with or obstructs access to adjacent hangars. Parking of automobiles will be permitted only in designated parking areas or within the hangar.

Improvements and Use. A. Tenant shall cause to have erected upon the Leased Premises those improvements set forth in the plans attached hereto as Exhibit B, subject to approval by the Fremont County Board of County Commissioners and their designated agents. The improvements shall be constructed in a good and workmanlike manner and in accordance with the applicable resolutions, rules and regulations of the Fremont County Board of County Commissioners. They shall be constructed pursuant to a building permit issued by Fremont County. ▇▇▇▇▇▇ agrees, forthwith upon execution of this Agreement, to take all steps and acts reasonably necessary or appropriate to ensure such approval. Tenant shall diligently take all steps necessary to ensure that the improvements are completed and ready for occupancy at the earliest possible date. B. In addition to constructing all hangar improvements, the Tenant shall be responsible for constructing and maintaining a paved aircraft taxiway and ramp area in front of the hangar. This ramp area must be designed for a minimum weight bearing capacity of 12,500 pounds for single wheel main gear aircraft, and otherwise comply with drainage, size and other requirements according to the Airport Master Plan and FAA design specifications. This pavement area must be built so as to connect onto any adjacent ramp or auto parking area in order that a continuous and safe pavement section results. It is the responsibility of the Tenant to maintain this entire ramp area in a manner which is safe and clean of debris so as not to cause danger or unsafe conditions for taxiing aircraft and airport users. Tenant grants the right to users of the Fremont County Airport the right to use this aircraft ramp area from time to time for passage of aircraft on the adjacent taxiway moving through this area of the airport. B. C. At the end of the initial lease term/or any renewal thereof, the parties agree that the Tenant may at its/his/her sole expense remove any improvements from the Leased Premises. Any removal shall be conditional upon the restoration for the Leased Premises to its original condition and with no damages to the Leased Premises being occasioned. Said removal shall also be expressly conditional upon the fact that the Tenant is not in default as to payment of rental or in default as to any other conditions of this Agreement. Notice of intent to remove said improvements shall be given to Landlord in writing no later than ninety (90) days prior to the end of such initial lease term or renewal period, and shall be completed no later than the end of such term or period. If at the end of the lease term Landlord deems it beneficial to retain the concrete slab after removal of the hangar and Landlord advises the Tenant to that effect, Tenant shall not remove said slab. C. D. The Leased Premises and the improvements to be erected and constructed thereon shall be occupied by Tenant or its subtenants as a hangar facility for aviation purposes, specifically, the servicing and storage of aircraft owned or leased by Tenant or subtenants or their parent corporations, subsidiaries or affiliates, and for such other purposes directly related to such uses. Tenant and its subtenants shall have no right to utilize said premises, or any improvement thereon, other than as specifically allowed under this paragraph, and it is specifically understood that the Leased Premises shall not be used for an aviation fixed base operation or similar type commercial aviation operation. The operation of any commercial aviation activity within Tenant’s Hangar without first obtaining the written approval from the Fremont County Board of County Commissioners shall be deemed a substantial breach and will result in cancellation of this Agreement. D. E. In the event Tenant or its subtenants wish to operate a commercial business on the Leased Premises, then formal application must be submitted and written approval received from the Fremont County Board of County Commissioners. Tenant’s regular employees may perform maintenance, preventative maintenance, rebuilding and alteration of Tenant’s aircraft and components as allowed under the U.S. Federal Aviation Regulations Part 43. No maintenance shall be performed on the Leased Premises on aircraft not owned by Tenant or owned by subtenants or assignees. Tenant shall secure a written Special Use Permit from the Fremont County Board of County Commissioners or its agents for any variances to this paragraph that may be desired. Such special use permit shall be renewable annually upon review by the Fremont County Board of Commissioners. Assignments and subleases are further subject to the terms and conditions as set forth in Section 15. ▇. ▇▇▇▇▇▇ F. Tenant grants the County the right to enter said Leased Premises and to do what is necessary for the purposes of repairing, replacing and/or maintaining any and all utility lines under said Leased Premises which serve other uses at the Fremont County Airport, it being understood that the County will repair, in a good and workmanlike fashion, and all damage done to said Leased Premises as the result of work done hereunder. F. G. The storage and accumulation of flammables, explosive liquids or solids, waste, debris or other hazardous materials is not permitted within the hangar or adjacent to the hangar other than the fuel or gasoline contained in the aircraft themselves, or otherwise in fuel tanks of vehicles, such as cars, lawnmowers, snow blowers, or other equipment legitimately located in or adjacent to the hangar. Tenant shall maintain the hangar in accordance with the requirements and regulations of the Fremont County Airport Rules and Regulations, State of Colorado and United States Environmental Protection Agency. The Tenant shall be responsible for all costs associated with mitigating any contamination of the soil or improvements thereon which is caused by the Tenant. G. H. Tenant will not modify, alter, paint or improve the completed hangar except to the extent required to maintain its original state. Any additional modification, painting or improvements must receive prior written approval from the Airport Manager. H. I. Tenant shall not park or leave aircraft on the taxiways or on pavement adjacent to the hangar in a manner which unduly interferes with or obstructs access to adjacent hangars. Parking of automobiles will be permitted only in designated parking areas or within the hangar.