2007-153 Council Resolution - Laserfiche WebLink

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Sprint Site ID: MN0038/68057 • 3. Modification of Tenant's Obligation to Pay - Rent Guarantee Period. • Notwithstanding Tenant's obligations to pay Rent set forth under this Agreement, for a 36 -month period commencing on January 1, 2008 and ending December 31, 2010 ( "Rent Guarantee Period "), Tenant shall be obligated to pay Rent due under the Agreement and such obligation will not be subject to early termination by Tenant, unless such termination is due to (i) Landlord's lack of proper ownership of the Leased Premises; (ii) Landlord's lack of authority to enter into this Agreement; (iii) Landlord's breach of any of the terms and conditions of this Agreement; or (iv) the Leased Premises being rendered inoperable due to an event beyond the reasonable control of either Tenant or Landlord, including, but not limited to eminent domain, condemnation, acts of God or criminal acts, in which event Tenant will have the authority to exercise its termination rights during the Rent Guarantee Period and the Rent Guarantee Period will no longer apply and no guaranteed Rent will be owed. Tenant may terminate this Agreement prior to the expiration of the Rent Guarantee Period even though none of the events set forth in subsections (i) through (iv) above have occurred, however, in such event Tenant shall be required to continue to pay Landlord the Rent Tenant agreed to pay Landlord during the Rent Guarantee Period. 4. Termination. Section 13 of the Agreement is amended by deleting the entire provision and substituting the following provision in its place: "Following the expiration of the Rent Guarantee Period, Tenant may terminate this Agreement at any time and for any or no reason by prior written notice to Landlord without further liability. Landlord shall be entitled to retain Rent due under this Agreement until the effective date set forth in the termination notice (calculated on a pro rata basis) unless such termination is due to (i) Landlord's lack of proper ownership of the Leased Premises; (ii) Landlord's lack of authority to enter into this Agreement; (iii) Landlord's breach of any of the terms and conditions of this Agreement; or (iv) the Leased Premises being rendered inoperable due to an event beyond the reasonable control of either Tenant or Landlord, including, but not limited to eminent domain, condemnation, acts of God or criminal acts, in which event no Rent will be due." 5. Notices. Section 21 of the Agreement is amended by deleting the entire provision and substituting the following provision in its place: "All notices, requests, demands or other communications with respect to this Agreement, whether or not herein expressly provided for, must be in writing and will be deemed to have been delivered either five (5) business days after being mailed by United States first -class certified or registered mail, postage prepaid, return receipt requested; or the next business day after being deposited with an overnight courier service for next -day delivery to the parties at the following addresses (the addresses may be changed by either party by giving written notice): Landlord: Tenant: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 ATTN: Public Services Director Nextel West Corporation SITE ID: MN0038 Sprint/Nextel Regional Property Services Mailstop KSOPHT0101 -Z2650 Tenant initials: 2 Landlord initials: Master Template V.8; BDW Deal V.2