My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2012 09 17
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2012
>
AG 2012 09 17
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/19/2012 8:08:08 AM
Creation date
11/27/2017 11:11:19 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2012
Board
Board of Commissioners
Meeting Type
Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
257
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Tenant's expense. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations relating to its <br />use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the <br />equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the <br />term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's <br />Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or <br />regulations. In the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional <br />portion of the Property (the "Additional Premises ") for such modification or upgrade, Landlord agrees to lease to Tenant the <br />Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction <br />with the lease of the Additional Premises by the amount equivalent to the then - current per square foot rental rate charged by <br />Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into <br />and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the <br />Additional Premises to Tenant. <br />3. TERM. <br />(a) The initial lease term will be five (5) years ( "Initial Term "), commencing on the Effective Date. The Initial <br />Term will terminate on the fifth (5 anniversary of the Effective Date. <br />(b) Tenant shall have the right to extend the Term for one (1) successive five (5) year term (the "Renewal <br />Term ") on the same terms and conditions as set forth herein. However, the amount of rent is subject to augmentation at the end <br />of the original term and must be mutually agreed upon by County and Tenant before the renewal term may begin. Tenant must <br />notify County of its intention to seek the renewal term no less than sixty (60) days before the end of the initial lease term. <br />Upon agreement by both Parties as to the augmented rental amount, a written modification to this Agreement shall be executed <br />by authorized representatives of both Parties and shall set forth the augmented rental amount and any additional mutually <br />agreed upon modifications to the Agreement. This Agreement shall be extended by the length of time identified in the written <br />modification, but in no case shall this Agreement be extended more than five (5) years from the end of the initial lease term, <br />nor shall this Agreement be effective for more than ten (10) total years. <br />(c) The Initial Term and any Extension Terms, are collectively referred to as the Term ( "Term "). <br />4. RENT. <br />(a) Commencing in the month following the date that Tenant commences construction (the "Rent <br />Commencement Date "), Tenant will pay Landlord on or before the fifth (5 day of each calendar month in advance One <br />Thousand Five Hundred Sixty -Five and 73/100 Dollars ($1,565.73) (the "Rent "), at the address set forth above. In any partial <br />month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by <br />Tenant to Landlord within forty -five (45) days after the Rent Commencement Date. <br />(b) In the event Tenant elects to renew the Term of this Agreement for an additional five (5) years per the terms <br />of Paragraph 3, above, the amount of augmentation of the Base Rent must be determined and agreed upon in writing prior to <br />the commencement of the renewal term. Failure of the parties to mutually agree upon the increase shall result in an increase in <br />the Base Rent, determined solely by the County, and based upon the percent of increase in the Consumer Price Index (CPI) <br />over the previous term. The Consumer Price Index used shall be the Index published in the Consumer Price Index for All <br />Urban Consumers, South Urban, Size B/C by the U. S. Bureau of Labor Statistics. Such increase shall apply to any and all <br />dates between the date of expiration of the initial term of this Agreement and the date, if any, of such mutual agreement <br />regarding augmentation of the Base Rent as the parties may reach, provided however, that should ninety (90) days elapse from <br />the date of the expiration of the initial term with no mutual written agreement having been reached by the parties, the increase <br />calculated by the County based upon the percent of increase in the CPI shall be deemed the amount of augmentation for the <br />remainder of the Renewal Term. <br />(c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one <br />(1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be <br />billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable <br />without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or <br />expiration of this Agreement. <br />5. APPROVALS. <br />(a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises <br />and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, <br />approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including <br />without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction <br />permits (collectively, the "Government Approvals "). Landlord authorizes Tenant to prepare, execute and file all required <br />applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist <br />Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have <br />the right to initiate the ordering and /or scheduling of necessary utilities. <br />F -10 Page 196 <br />
The URL can be used to link to this page
Your browser does not support the video tag.