2023.10.10 CC Packet - Laserfiche WebLink

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2 2. Rent. As consideration for this Lease, Tenant shall pay Landlor d, in advance, an annual rent in the amount of Thirty-Six Thousand and 00/100 Dollars ($36,000.00) (“Rent”) for the initial year. 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 January of each year during which this Lease is in effect. 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 undisputed 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 initially installing the Antenna Facilities, or subsequently adding or modifying any facilities that may in any way interfere with other communications equipment on the Property or the Water Tower, Tenant obtain and provide 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 notic e to Landlord. 4. Term and Renewals . The initial term of this Lease shall be five (5) years, which shall commence on the earlier of: (i) the first (1st) day of the month following the commencement of Tenant’s Installation, or; (ii) January 1, 2024 (“Commencement Date ”) and shall end at 11:59 p.m. on the last day of the month that is sixty (60) months after the Commencement Date unless terminated sooner, renewed or extended as provided herein (“Initial Term”). Subject to the terms and conditions of this Lease, Tenant may extend the term of this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") following the expiration date of the Initial Term and of any subsequent Renewal Term. Tenant shall be deemed to have elected to extend the term for each Renewal Term unless Tenant provides written notice to Landlord of Tenant’s intention not to extend at least ninety (90) days prior to the end of the then current five (5) year term. Following the commencement of the second (2nd) Renewal term, either party may