02/28/2000 Council Packet - Laserfiche WebLink

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• • Commencement Date falls and for the following month, and thereafter rental will be payable monthly in advance by the fifth (5th.) business day of each month for the following month. If theTenant does not meet the requirements, referenced in subparagraph 3(a) below by June 1, 2000, 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. In addition to the annual rental, 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. 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 Structure 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 Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) a radio frequency interference study including an intermodulation (IM) interference evaluation and a side band noise interference evaluation carried out by an independent and qualified professional engineer 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 Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for Interference that cannot be reasonably remedied or for prejudice to the Structure 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rejected or any certificate, permit, license or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in Its sole discretion, will be unable to use the Leased Premises for Its intended purposes, Tenant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