Current through Register Vol. 63, No. 9, September 1, 2024
(1) In accordance with OAR
738-015-0020, Commercial
Aeronautical Lease Provisions, Lessee shall have the option to renew its lease
beyond the base term, subject to the satisfaction of all of the following
conditions:
(a) The existing lease is not in
default;
(b) Any improvements to
the lease property are structurally sound and capable of safe and legal
occupancy for the remaining term of the renewal period; and
(c) Lessee files a notice with ODA, in the
form specified by ODA, stating that Lessee has complied with (a) and (b) above
and intends to exercise its renewal option. The notice must be filed no later
than 120 days prior to the expiration of the base term lease.
(2) The Department shall inspect
Lessee's improvements for condition and appearance in accordance with ODA's
standards for maintaining clean, safe and attractive facilities at the airport.
(a) Items considered shall include, but not
be limited to:
(A) Siding and exterior
finish;
(B) Roofing;
(C) Doors; and
(D) Structural framing.
(b) If the Department determines from its
inspection that the improvements may not be structurally sound, the Department
may require Lessee to obtain an inspection by a certified inspector, at
Lessee's expense, to verify the condition of the structure.
(c) The Department may require Lessee to
correct any deficiencies noted by ODA's inspection, or may require further
structural inspection as described in paragraph (b) above, as a condition of
Lessee's renewal.
(d) If
corrections cannot be completed prior to the expiration of the current lease
term, Lessee may request in writing that the Department approve additional time
to make such corrections; the Department shall not unreasonably withhold
approval of the request. The Department and Lessee may enter into the lease
renewal or new lease, subject to the written commitment of Lessee to complete
the repairs within a specified period. Failure to make such repairs within the
period agreed upon may be cause for immediate termination of the renewal term
or new lease.
(3) The
length of the term of a new lease following a base term lease, and any renewal,
shall be at the Department's discretion.
Stat. Auth.: ORS
835.035, ORS
835.040, ORS
835.112
Stats. Implemented: ORS 935.035, ORS 935.040, ORS
835.112, ORS
836.055
