Current through Register Vol. 63, No. 9, September 1, 2024
(1) In accordance with OAR
738-015-0080, Non-Commercial
Aeronautical Lease Provisions, Lessee shall have the option to renew its lease
with the Department 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 not 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 will 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 further structural
inspection 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 the 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 the repairs within the period agreed upon may be cause for immediate
termination of the renewal term.
(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
