11-10-1997 Council Packet - Laserfiche WebLink

Home Browse Search

(ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant’s business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Tenant’s Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord in the event that as the result of an independent study by an expert selected by the Landlord and paid for by Tenant, it is determined that the use of the Tower for water service is jeopardized because of antenna usage on the Tower; (v) by Landlord, upon 180 day ’s prior written notice to Tenant if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with continued use of the Leased Premises by Tenant and/or the discontinue use of the Structure for all purposes; (vi) by Landlord if i; iTicrmines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vii) by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Tenant’s Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process and Tenant is unable to correct the interference within the sixty (60) day notice period. (viii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord’s Council. (^) Notice of Termination. The parties shall give Notice of Termination in writing by certified mail, return receipt requested. Such Notice shall be effective upon receipt as evidenced by the return receipt, or such later date as stated in the Notice. Except as otherwise provided herein, all rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant’s Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated 082/22147604 11/7/97