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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Vero Beach Planning Department. Any structure that is not permanently attached to a properly engineered poured concrete foundation shall be considered a temporary structure. (f) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein -described real property to such a height so as to comply with Federal Aviation Regulations, Part 77, as amended. 12. CONSTRUCTION OF IMPROVEMENTS: (a) Where the Special Provisions section of the Lease Agreement requires site plan application, TENANT shall submit a complete site plan application to the City of Vero Beach Planning Department within one hundred fifty (150) days of the approval of the Lease by the City of Vero Beach City Council, and shall diligently pursue site plan approval. Upon the receipt of acceptable justification from TENANT, said time limit for submission of a complete site plan to the City of Vero Beach Planning Department may be extended by LANDLORD. (1) If the Planning and Zoning Board rejects the site plan, TENANT shall either appeal the Board's rejection to the City Council or submit an amended site plan application within thirty (30) days of notice of such rejection. (2) If the Planning and Zoning Board approves the site plan, TENANT shall complete construction within twenty-four (24) months thereafter. (b) Notwithstanding subsection (a) above, if TENANT fails to receive site plan approval within eighteen (18) months after the effective date of the Lease Agreement, LANDLORD may elect to terminate the Lease Agreement. If LANDLORD elects to terminate the Lease Agreement due to TENANT'S failure to obtain site plan approval: Page 15 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx