11-10-1997 Council Packet - Laserfiche WebLink

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If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below by March I, 1998, and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. i ! In addition to the Annual Rent, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease, (c) If this Lease is terminated at any time other than on the last day of a month. Rent shall be prorated, based on a thirty day month, as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, or Tenant’s default, all prepaid Rent shall be refunded to Tenant. 3. Governmental Approval Contingency. (a) Tenant Application. Tenant’s right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Tower to be conducted at Tenant’s expense. 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 the Tenant’s proposed use thereof. (b) Interference and Engineering Study . Before obtaining a building permit. Tenant must pay its share for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant’s intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Tower is able to support the Tenant’s Facilities, as defined in Subparagraph 5(b), without prejudice to the Landlord use of the Tower. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Tower, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above 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or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes. Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant’s exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 082/22148276 11/7/97