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200505875
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Last modified
10/17/2011 8:27:24 AM
Creation date
10/28/2005 11:12:09 AM
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DEEDS
Inst Number
200505875
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2005058'75 <br />from the Department, the parties shall execute a Statement of Commencement to confirm the <br />commencement and expiration dates of this Agreement. The lease shall expire without further <br />notice unless previously terminated as provided herein. If expiration of the lease term falls during <br />a time of war, national emergency, or state emergency and continued use of the Facility is <br />necessary or desirable, in such event, the Lease will terminate two (2) years after the termination <br />of the war or emergency. <br />Subsection 3.02 Rent Waiver. <br />In consideration of the Department's commitment to construct and operate an Army <br />aviation support facility on the Demised Land, the Authority agrees to provide the Demised Land <br />to the Department without payment of rent. <br />ARTICLE IV. <br />TENANT'S FUTURE CONSTRUCTION REQUIREMENTS <br />Subsection 4.01 Requirements for Construction of Improvements on Demised Land and Off- <br />Site. <br />The Department shall construct the Facility without cost to Authority upon the Demised Land and <br />shall construct a ramp north of the Demised Land to the adjacent taxiway. The Guard's use of the <br />ramp and access to the taxiway shall be set forth in an exclusive use easement agreement subject <br />only to emergency temporary use by Authority and aircraft or for immediate temporary air traffic <br />capacity control which shall not interfere with Guard operations. The Department may also <br />construct an Armory on the Demised Land. The Department will not erect, or permit to be erected, <br />any building or other structure on the Demised Land which would limit the usefulness of the <br />Airport or constitute a hazard to aircraft. The Department will submit plans for construction of <br />the Facility, a drainage plan and all plans for modifications to the Authority for prior approval. <br />Provided the plans and specifications comply with all federal, state and local requirements, the <br />Authority agrees that it will not unreasonably withhold its approval. Construction and operation <br />of the Facility and all structures upon the Demised Land shall comply with FAA requirements. <br />The Authority reserves the right to construct the extension of Shady Bend Road in a northerly <br />direction adjacent to the Demised Land as a public or private drive subject to Department's <br />security setbacks and reserves the right to take any legal action it considers necessary to protect <br />the aerial approaches of the airport against obstruction, together with the right to prevent the <br />Department from erecting, or permitting to be erected, any building or other structure on the <br />airport which in the opinion of the Authority would limit the usefulness of the airport or <br />constitute a hazard to aircraft. The Authority shall not be responsible for the costs of off -site <br />improvements directly required by the construction of any building or facility on the Demised <br />Land. Further, the Authority shall not be responsible for the cost of correcting any deficiencies in <br />3 <br />
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