Common use of Improvements or Alterations Clause in Contracts

Improvements or Alterations. a) Lessee must not place any improvement on the Property and must not substantially alter the Property in any way, without prior written authorization by the Board. Written authorization can be sought by submitting to the Board an Improvement Application on a form provided by the Board. Improvements placed upon the Property by the Lessee with the Board's prior written authorization are referred to in this Lease as "authorized improvements." Any improvements or alterations that have not received prior written authorization are referred to in this Lease as “unauthorized improvements.” b) Upon the termination of this Lease, and provided Lessee is not then in breach of or in default under this Lease, Lessee must present all authorized improvements to the Board for first offer to purchase. Should the Board decline to purchase the improvement(s), the Lessee may either: 1. remove the improvement(s) without damage to the Property; or 2. sell the improvement(s) to a subsequent lessee pursuant to §36-1-119 C.R.S. c) In the event that the new owner or new Lessee and the former Lessee do not agree upon the value of the authorized improvements, the Board will establish the value of the authorized improvements. d) Lessee will not be entitled to compensation for, or to sell or remove, any authorized improvements when the Lease is terminated by the Board for violation by the Lessee of the Lease until Lessee has satisfied all outstanding obligations relating to the Lease. e) All authorized improvements not removed or sold within sixty (60) days after termination of this Lease will be deemed abandoned and may, at the Board's option, be removed by the Board at the Lessee's expense, retained by the Board for use by subsequent lessees, or sold by the Board with all proceeds going to the Board. f) All unauthorized improvements will, at the Board's option: 1. become the property of the Board without cost to the Board or compensation to the Lessee; or 2. be removed by the Lessee at ▇▇▇▇▇▇'s expense without damage to the Property; or 3. be removed by the Board at ▇▇▇▇▇▇'s expense. g) Lessee must not suffer or permit to be enforced against the Property, or any part of the Property, or any improvements on the Property, any mechanics', materialmen's, contractors', or subcontractors' liens arising from, or any claim of damage growing out of the work of any construction, repair, restoration, replacement or improvement, or any other claim or demand howsoever the same may arise. Lessee must pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce such liens, claims or demands against the Property or improvements. Lessee must provide actual and posted notice of nonliability pursuant to §▇▇-▇▇-▇▇▇ C.R.S. notifying all persons who might claim any liens or encumbrances upon the Property relating to any work, labor, services or materials provided for or improvements to the Property initiated by or conducted for the benefit of Lessee that the Board’s interests are not subject to such liens or encumbrances. To the fullest extent permitted by law, ▇▇▇▇▇▇ will indemnify, defend and hold the Board harmless against any claims for any liens or encumbrances upon the Property relating to any work, labor, services or materials provided for or improvements to the Property initiated by or conducted for the benefit of ▇▇▇▇▇▇. h) ▇▇▇▇▇▇ agrees to maintain with the Board a current and complete list of all authorized improvements on the Property on a form provided by the Board. i) Lessee must keep and maintain the Property and all Lessee- and/or Board-owned improvements, whether new or pre-existing, in good order, repair and safe condition, ordinary wear and tear excepted.

Improvements or Alterations. a) Lessee must not place any improvement on the Property and must not substantially alter the Property in any way, without prior written authorization by the Board. Written authorization can be sought by submitting to the Board an Improvement Application on a form provided by the Board. Improvements placed upon the Property by the Lessee with the Board's prior written authorization are referred to in this Lease as "authorized improvements." Any improvements or alterations that have not received prior written authorization are referred to in this Lease as “unauthorized improvements.” b) Upon the termination of this Lease, and provided Lessee is not then in breach of or in default under this Lease, Lessee must present all authorized improvements to the Board for first offer to purchase. Should the Board decline to purchase the improvement(s), the Lessee may either: 1. remove the improvement(s) without damage to the Property; or 2. sell the improvement(s) to a subsequent lessee pursuant to §36▇▇-1▇-119 C.R.S.▇▇▇ ▇.▇.▇. c) In the event that the new owner or new Lessee and the former Lessee do not agree upon the value of the authorized improvements, the Board will establish the value of the authorized improvements. d) Lessee will not be entitled to compensation for, or to sell or remove, any authorized improvements when the Lease is terminated by the Board for violation by the Lessee of the Lease until Lessee has satisfied all outstanding obligations relating to the Lease. e) All authorized improvements not removed or sold within sixty (60) days after termination of this Lease will be deemed abandoned and may, at the Board's option, be removed by the Board at the Lessee's expense, retained by the Board for use by subsequent lessees, or sold by the Board with all proceeds going to the Board. f) All unauthorized improvements will, at the Board's option: 1. become the property of the Board without cost to the Board or compensation to the Lessee; or 2. be removed by the Lessee at ▇▇▇▇▇▇'s expense without damage to the Property; or 3. be removed by the Board at ▇▇▇▇▇▇'s expense. g) Lessee must not suffer or permit to be enforced against the Property, or any part of the Property, or any improvements on the Property, any mechanics', materialmen's, contractors', or subcontractors' liens arising from, or any claim of damage growing out of the work of any construction, repair, restoration, replacement or improvement, or any other claim or demand howsoever the same may arise. Lessee must pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce such liens, claims or demands against the Property or improvements. Lessee must provide actual and posted notice of nonliability pursuant to §▇▇-▇▇-▇▇▇ C.R.S. notifying all persons who might claim any liens or encumbrances upon the Property relating to any work, labor, services or materials provided for or improvements to the Property initiated by or conducted for the benefit of Lessee that the Board’s interests are not subject to such liens or encumbrances. To the fullest extent permitted by law, ▇▇▇▇▇▇ will indemnify, defend and hold the Board harmless against any claims for any liens or encumbrances upon the Property relating to any work, labor, services or materials provided for or improvements to the Property initiated by or conducted for the benefit of ▇▇▇▇▇▇Lessee. h) ▇▇▇▇▇▇ agrees to maintain with the Board a current and complete list of all authorized improvements on the Property on a form provided by the Board. i) Lessee must keep and maintain the Property and all Lessee- and/or Board-owned improvements, whether new or pre-existing, in good order, repair and safe condition, ordinary wear and tear excepted.