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2017.08.07 CC Packet
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2017.08.07 CC Packet
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City Council
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Agenda/Packets
Meeting Date
8/7/2017
Meeting Type
Regular
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year on the anniversary of the Commencement Date. LESSOR may terminate this Agreement at <br />the end of the second five (5) year extension term (15 years) and at the end of the third extension <br />term by giving LESSEE written notice of the intent to terminate at least twelve (12) months prior <br />to the end of the applicable extension term. <br />5. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year <br />extension term this Agreement has not been terminated by either Party by giving to the other <br />written notice of an intention to terminate it at least nine (9) months prior to the end of such term, <br />this Agreement shall continue in force upon the same covenants, terms and conditions for a further <br />term of five (5) years and for five (5) year terms thereafter until terminated by either Party by <br />giving to the other written notice of its intention to so terminate at least nine (9) months prior to the <br />end of such term. The annual rental shall be increased by two and one half percent (2.5%) each <br />year on the anniversary of the Commencement Date. The initial term and all extensions shall be <br />collectively referred to herein as the "Term". <br />6. TAXES. LESSEE shall have the responsibility to pay any personal property, real <br />estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the <br />result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the <br />LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE <br />is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is <br />located), including any increase in real estate taxes at the Property which LESSOR demonstrates <br />arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and <br />LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other <br />charges imposed including franchise and similar taxes imposed upon the business conducted by <br />LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the <br />obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in <br />appropriate proceedings prior to a final determination that such tax is properly assessed provided <br />that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making <br />LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or <br />otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any <br />personal property, real estate taxes, assessments, or charges owed on the Property and shall do so <br />prior to the imposition of any lien on the Property. <br />LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, <br />challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or <br />partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's <br />expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the <br />preceding sentence, including but not limited to, executing any consent, appeal or other similar <br />document. In the event that as a result of any appeal or challenge by LESSEE, there is a <br />reduction, credit or repayment received by the LESSOR for any taxes previously paid by <br />LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, <br />credit or repayment. In the event that LESSEE does not have the standing rights to pursue a <br />good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such <br />dispute at LESSEE's sole cost and expense upon written request of LESSEE. <br />MIN Egg Lake <br />Water Tower Lease Agreement <br />3640560v1 <br />4 <br />
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