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Concessionaire shall design, erect, construct and install all fixtures, furnishings, carpeting, decorations, finishings, equipment, counters, or other necessary alterations required for its operation under this Agreement. Concessionaire shall complete all alterations and repairs at its sole cost and expense unless the parties hereto mutually agree to share a cost and notice is provided in writing by the Authority. All construction shall be in conformity with the Authority's work authorization letter, and in conformity with the approved plans and specifications submitted by the Concessionaire and shall meet all applicable local building codes and ordinances as well as all other laws. Concessionaire shall submit complete plans and specifications to the Authority, and prior to commencing any construction work, obtain the Authority's written approval of said plans and specifications as contained in this Agreement. Concessionaire shall make no change or alteration in the plans and specifications without prior written approval of the Authority. In the event Concessionaire fails to submit plans and specifications which meet the approval of the Authority within thirty (30) days after the execution of this Agreement, the Authority may terminate this Agreement.
In the event of any of the following, the parties will negotiate in good faith for a reasonable extension of time: (1) acts of nature occurring after the date of execution hereof which directly affect the Leased Premises, including without limitation fire, floods, tropical storms, and other such occurrences; or (2) labor disputes, including without limitation, strikes, slowdowns, and other similar occurrences; or (3) delays in obtaining approvals from Authority; or (4) action or inaction of governmental authorities that prevents or delays Concessionaire from obtaining appropriate permits or approvals necessary in connection with the construction or operation of the Leased Premises.
Discarded furniture and other materials associated with demolition or construction work shall be removed from airport property, not deposited in common waste areas.
Authority shall provide utilities up to or within a maximum of six (6) feet from the demising line of the Leased Premises. Should utilities or other improvements beyond six feet require repair or replacement due to damage caused by previous use by Concessionaire, Concessionaire will be responsible for those repairs or replacements, but the cost cannot be counted as part of Concessionaire's Capital Investment Commitment.
Concessionaire guarantees that it will make capital investments for said concessions in an amount not less than described in Concessionaire's proposal, as follows:
Total Initial Capital Investment Commitment: Two Hundred Ninety Thousand, Two Hundred Five and 00/100 Dollars ($290,205.00), exclusive of any of Concessionaire's in-house fees or expenses. Architectural and engineering fees shall be no more than fifteen percent (15%) of the total. Said amount shall be expended on the initial improvements constructed. Concessionaire shall pay to the Authority an amount equal to the shortfall, if any at the Authority's sole discretion, between its total proposed investment and its actual investment as of the first day of the third month of operation of the last facility constructed. Said payment shall be made on or before the sixtieth (60th) day after the first day of the third month of operation of the last facility constructed. These amounts may be applied to on-going or mid-term refurbishments at the discretion of the Authority.
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