AG 2012 08 20 - Laserfiche WebLink

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Tenant's expense. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional portion of the Property (the "Additional Premises ") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then - current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ( "Initial Term "), commencing on the Effective Date. The Initial Term will terminate on the fifth (5 anniversary of the Effective Date. (b) Tenant shall have the right to extend the Term for one (1) successive five (5) year term (the "Renewal Term ") on the same terms and conditions as set forth herein. However, the amount of rent is subject to augmentation at the end of the original term and must be mutually agreed upon by County and Tenant before the renewal term may begin. Tenant must notify County of its intention to seek the renewal term no less than sixty (60) days before the end of the initial lease term. Upon agreement by both Parties as to the augmented rental amount, a written modification to this Agreement shall be executed by authorized representatives of both Parties and shall set forth the augmented rental amount and any additional mutually agreed upon modifications to the Agreement. This Agreement shall be extended by the length of time identified in the written modification, but in no case shall this Agreement be extended more than five (5) years from the end of the initial lease term, nor shall this Agreement be effective for more than ten (10) total years. (c) The Initial Term and any Extension Terms, are collectively referred to as the Term ( "Term "). 4. RENT. (a) Commencing in the month following the date that Tenant commences construction (the "Rent Commencement Date "), Tenant will pay Landlord on or before the fifth (5 day of each calendar month in advance One Thousand Five Hundred Sixty -Five and 73/100 Dollars ($1,565.73) (the "Rent "), at the address set forth above. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty -five (45) days after the Rent Commencement Date. (b) In the event Tenant elects to renew the Term of this Agreement for an additional five (5) years per the terms of Paragraph 3, above, the amount of augmentation of the Base Rent must be determined and agreed upon in writing prior to the commencement of the renewal term. Failure of the parties to mutually agree upon the increase shall result in an increase in the Base Rent, determined solely by the County, and based upon the percent of increase in the Consumer Price Index (CPI) over the previous term. The Consumer Price Index used shall be the Index published in the Consumer Price Index for All Urban Consumers, South Urban, Size B/C by the U. S. Bureau of Labor Statistics. Such increase shall apply to any and all dates between the date of expiration of the initial term of this Agreement and the date, if any, of such mutual agreement regarding augmentation of the Base Rent as the parties may reach, provided however, that should ninety (90) days elapse from the date of the expiration of the initial term with no mutual written agreement having been reached by the parties, the increase calculated by the County based upon the percent of increase in the CPI shall be deemed the amount of augmentation for the remainder of the Renewal Term. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals "). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have the right to initiate the ordering and /or scheduling of necessary utilities. F -2 Page 77