2016.11.09 CC Combined - Laserfiche WebLink

Home Browse Search

DRAFT 3-2-16 475988v2 TJG NE136-131 2 in the attached Exhibit C for the purpose of maintaining, repairing, replacing, and improving its Antenna Facilities in accordance with the terms and conditions of this Lease. This Lease includes the right for Tenant to use the Water Tower for attaching and locating directional antennas, connecting cables and appurtenances, together with appurtenant easements and access rights. Tenant is solely responsible for evaluating the suitability of the Leased Premises for its purposes. 2. Rent. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of Two Thousand One Hundred Fourteen and 98/100 ($2114.98) per month (“Rent”) for the initial year beginning January 1, 2017. Said Rent payment shall be increased each year on January 1 by four percent (4%) of the previous year’s annualized rent and shall continue to be paid on a monthly basis. The first Rent payment shall be due within twenty (20) business days after the Commencement Date. Subsequent Rent shall be payable by the fifth day of each month. Tenant shall deliver Rent to Landlord at the address identified herein for providing notices unless Landlord provides Tenant a different address for this purpose. The Parties may agree to provide for the electronic payment of the Rent. Landlord shall provide Tenant such information as may reasonably be needed to establish an electronic payment and to otherwise facilitate the payment of Rent including, but not limited to, IRS form W-9 or other similar governmental forms. If this Lease is terminated early as provided herein, Rent for any partial month shall be prorated on a per day basis, based on the number of days in the month in question. Any amounts, other than Rent, Tenant is required by this Lease to pay Landlord, shall be invoiced to Tenant and shall be paid within thirty (30) days of the date of the invoice. 3. Governmental Approval Contingency. (a) Tenant Application. Tenant’s right to use the Leased Premises is expressly made contingent upon it obtaining and maintaining all the certificates, permits, zoning, and other approvals that may be required by any federal, state, or local authority. Subject to Landlord’s rights under its police powers, Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to Tenant’s proposed use thereof. (b) Study. Before adding or modifying any Antenna Facilities that may in any way interfere with other communications equipment on the Property or the Water Tower, Tenant must pay for the reasonable cost of a radio frequency interference study carried out by an independent and qualified professional approved by Landlord showing that Tenant’s intended use will not interfere with existing communications equipment. (c) Non-approval. In the event that an application for any required approvals is finally rejected, or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in is sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease upon sixty (60) days ’ written notice to Landlord.