Agenda - Council - 06/24/2008 - Laserfiche WebLink

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Revised June 18, 2008 of Labor Statistics, br jf such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the term rental increase to be paid by T-Mobile under a CPI adjuster, the annualized rentfor the previous terms shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous Renewal Term's rent (annualized). 5. USE. T~Mobile may use the Leased Premises forthe purpose of installing, removing, replacing, maintaining, modifying, altering, and operating a communications facility (collectively, the "Communications Facility"). The building permit for the Communications Facility shall be subject to the prior approval by Owner. 6. MISCELLANEOUS. (a) Taxes. Owner hereby represents and warrants that the Property is exempt from real property taxes. However, because owner will receive rent for the Leased Premises, real property taxes will be assessed on the .Leased Premises. Real property taxes assessed against the Leased Premises shall be paid by T-Mobile. T-Mobile shall timely pay real properly taxes and assessments against the Leased Premises. T- Mobile will pay such increase within thirty (30)days of receipt ofacopy ofthe tax assessment showing the real property taxes on the Leased Premises. Owner hereby grants to T-Mobile the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on behalf of T -Mobile, any personal property or real property tax assessments that may affect T-Mobile. (b) No Mechanic's Liens. T-Mobile will not allow any mechanics' or material men's liens to be placed on the Property as a result of its work on the Property. (c) Access to Leased Premises. T-Mobile shall have twenty-four (24) hour, seven (7} days a week access to the Leased Premises. (d) Access for Testing. T-Mobile, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Leased Premises and conduct such studies as T-Mobile deems necessary to determine the Leased Premises suitability for the Communications Facility. These studies may include surveys, soil test, environmental evaluations, radio wave propagation measurements, field strength testsand such other analyses and studies as T-Mobile. deems necessary or desirable. T-Mobile shall be responsible, at its cost to restore the Leased Premises to as good or better condition upon completion of its testing. 7. UTILITIES. T -Mobile shall have the right to install telephone cable and electric power cable within the Leased Premises set forth in Exhibit B. Payment for electric service, telephone or other communication services to the Communications Facility shall be T- 2 -259-