ANY PARTY
THERETO.
23
ARTICLE IX
ALTERATIONS; TENANT'S PROPERTY;
CAPITAL ADDITIONS TO THE LEASED PROPERTY
9.01
TENANT'S RIGHT TO CONSTRUCT.
TENANT SHALL HAVE THE EXCLUSIVE RIGHT
AND ACCESS TO CONSTRUCT, OR CAUSE THERE TO BE CONSTRUCTED, THE FACILITY AND TO
OTHERWISE DEVELOP, CONSTRUCT AND EQUIP THE PROJECT, AND TO IMPLEMENT THE
DEVELOPMENT PLAN.
TENANT SHALL ALSO HAVE THE EXCLUSIVE RIGHT AND ACCESS TO MAKE
CAPITAL ADDITIONS, OR OTHER ALTERATIONS, ADDITIONS, CHANGES AND/OR IMPROVEMENTS
TO THE LEASED PROPERTY OR THE LAND AS DEEMED NECESSARY OR USEFUL BY TENANT TO
OPERATE THE LEASED PROPERTY AS A CORRECTIONAL OR DETENTION FACILITY OR OTHER USE
APPROVED BY LANDLORD (THE "PRIMARY INTENDED USE") (EXCLUDING ANY SUCH
ALTERATIONS, ADDITIONS, CHANGES AND/OR IMPROVEMENTS IN CONNECTION WITH THE
PROJECT OR THAT ARE CONTEMPLATED BY THE DEVELOPMENT PLAN, INDIVIDUALLY, A
"TENANT IMPROVEMENT," OR COLLECTIVELY, "TENANT IMPROVEMENTS").
"CAPITAL
ADDITIONS" SHALL MEAN A TENANT IMPROVEMENT CONSISTING OF THE CONSTRUCTION OF ONE
OR MORE NEW BUILDINGS OR ONE OR MORE ADDITIONAL STRUCTURES ANNEXED TO ANY
PORTION OF ANY OF THE IMPROVEMENTS ON THE LEASED PROPERTY, WHICH ARE CONSTRUCTED
ON ANY PARCEL OF LAND OR PORTION OF THE LEASED PROPERTY OR THE LAND DURING THE
TERM OF THIS LEASE AGREEMENT, INCLUDING THE CONSTRUCTION OF A NEW FLOOR, WHICH
IN EACH CASE ARE NOT CONSTRUCTED PURSUANT TO OR IN CONNECTION WITH THE PROJECT
OR CONTEMPLATED BY THE DEVELOPMENT PLAN.
EXCEPT AS OTHERWISE AGREED TO BY
LANDLORD IN WRITING PURSUANT TO SECTION 9.09 BELOW, ANY TENANT IMPROVEMENT SHALL
BE MADE AT TENANT'S SOLE EXPENSE AND SHALL BECOME THE PROPERTY OF LANDLORD UPON
TERMINATION OF THIS LEASE AGREEMENT.
UNLESS MADE ON AN EMERGENCY BASIS TO
PREVENT INJURY TO PERSON OR PROPERTY, TENANT WILL SUBMIT PLANS TO LANDLORD FOR
LANDLORD'S REVIEW PRIOR APPROVAL, SUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD
OR DELAYED, FOR ANY TENANT IMPROVEMENT WHICH IS NOT A CAPITAL ADDITION AND WHICH
HAS A COST OF MORE THAN FIVE HUNDRED THOUSAND DOLLARS ($500,000) OR A COST
WHICH, WHEN AGGREGATED WITH THE COSTS OF ALL SUCH TENANT IMPROVEMENTS FOR THE
LEASED FACILITY IN THE SAME LEASE YEAR, WOULD CAUSE THE TOTAL COSTS OF ALL SUCH
TENANT IMPROVEMENTS TO EXCEED ONE MILLION DOLLARS ($1,000,000).
SUCH $500,000
AND $1,000,000 AMOUNTS SHALL BE INCREASED BY THREE PERCENT (3%) PER ANNUM,
CUMULATIVELY FOR EACH SUBSEQUENT LEASE YEAR.
ADDITIONALLY, IN CONNECTION WITH
ANY TENANT IMPROVEMENT, INCLUDING ANY CAPITAL ADDITION, TENANT SHALL PROVIDE
LANDLORD WITH COPIES OF ANY PLANS AND SPECIFICATION THEREFOR, TENANT'S BUDGET
RELATING THERETO, ANY REQUIRED GOVERNMENT PERMITS OR APPROVALS, ANY CONSTRUCTION
CONTRACTS OR AGREEMENTS RELATING THERETO, AND ANY OTHER INFORMATION RELATING TO
SUCH TENANT IMPROVEMENT AS LANDLORD SHALL REASONABLY REQUEST.
9.02
SCOPE OF RIGHT.
SUBJECT TO SECTION 9.01 HEREIN AND SECTION 8.04
CONCERNING REQUIRED ALTERATIONS, AT TENANT'S COST AND EXPENSE, TENANT SHALL HAVE
THE EXCLUSIVE RIGHT TO DO THE FOLLOWING:
(A)
SEEK ANY GOVERNMENTAL APPROVALS, INCLUDING BUILDING PERMITS,
LICENSES, CONDITIONAL USE PERMITS AND ANY CERTIFICATES OF NEED THAT TENANT
REQUIRES TO CONSTRUCT ANY TENANT IMPROVEMENT;
(B)
ERECT UPON THE LEASED PROPERTY OR THE LAND SUCH TENANT
IMPROVEMENTS AS