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01-25-2021 Council Packet
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01-25-2021 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
01/25/2021
Council Meeting Type
Regular
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(d) Basic Operating Costs. In addition to the foregoing Base Rent and amounts paid directly by <br />Tenant, Tenant shall also reimburse Landlord for Tenant's Proportionate Share of the Basic <br />Operating Costs as illustrated in Exhibit B. Landlord will provide Tenant billings for Tenant's <br />Proportionate Share of Basic Operating Cost incurred by Landlord in the previous month or months. <br />Tenant shall reimburse Landlord Tenant's Proportionate Share of the Basic Operating Costs within <br />ten (10) days of receipt of the billings from Landlord. Landlord reserves the right to bill Tenant the <br />cost of repair or replacement of any damage or injury resulting from Tenant's act or omission as set <br />forth in Article 6(d), as such costs are incurred by Landlord. <br />(e) Property Taxes. The parties agree and understand the Building is normally exempt from the <br />payment of property taxes. However, Landlord makes no warranties or representations as to <br />whether the Lease Premises are subject to property taxation because of the Lease, and Landlord has <br />no obligation to take any action to seek exemption from property taxes for the Lease Premises. In <br />the event any real estate taxes are assessed or charged by any government authority on or against the <br />Leased Premises, tenant shall pay such property taxes as additional rent. Tenant shall also pay a <br />Proportionate Share (as defined in paragraph (b) of this Section) of annual installments of special <br />assessments now levied or hereafter pending or levied during the term of any Renewal Term of this <br />Lease. Any real estate taxes payable in the year of termination of this Lease shall be paid in full for <br />that entire year; but any installment of assessments as are assessed herein that are due and payable <br />in the year of termination of this Lease shall be paid by Tenant for that portion of the Lease Year <br />Tenant occupies the Leased Premises. Tenant shall have the right, in its or Landlord's name, or <br />both, but at its own cost and expense to contest the validity of any taxes or assessments, by <br />appropriate proceedings timely instituted, provided Tenant shall give Landlord written notice of its <br />intention to do so, diligently prosecute any such contest, at any time, effectively stay or prevent any <br />official or judicial sale of the Leased Premises under execution or otherwise satisfy any final <br />judgment enforcing any tax or assessment so contested, and promptly procures record satisfaction <br />thereof. Landlord shall, upon request of Tenant, cooperate fully with Tenant in any such <br />proceedings, provided, however, Landlord shall not be liable for any expense in connection <br />therewith and that Tenant shall indemnify Landlord against the same and all losses that may result <br />therefrom. <br />(f) Other Amounts Payable Directly by Tenant. It is the intention of the parties that Tenant <br />shall be responsible for all costs associated with the operation of the Leased Premises as set forth <br />herein. In addition to the costs payable by Tenant as set forth above, Tenant shall be responsible for <br />paying the following: <br />(1) Telecommunications. Tenant shall pay directly to the provider all costs and <br />expenses of telephone and telecommunication services and all other services, Tenant <br />contracts for in its own name. <br />(2) Insurance Expense. Tenant shall pay all costs of obtaining and carrying the <br />insurance for which Tenant is obligated to maintain pursuant to Article 8. <br />4 <br />
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