Agenda - Council - 06/10/1997 - Laserfiche WebLink

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SUN-B2-1997 %8:03 LEAGUE OF MN CITIES .. . , and Tenant has diligently pursued such requirements, Landlord ~h~!l refund the Tenant rental payment made at the time of Lease execution and this Lease shall te.u'ninate. In addition to the annu~I rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. Gov~er~mental Approva! Contingency. (a) T~nan~ Application. Tenant's right to use the Leased PremiSes is expressly made contingent upon its obtaining ali the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall 'include the engineering study specified in Subparagraph 3(b) below on the Strocture to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which wouId adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. Co) Interference Stud?. Before obtaining a building pen'nit, Tenant must pay for the reasonable cost of(i) a radio frequency interference study carried out by an i~dependent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to suppor~ the Tenant's Facilities, as defined in Subparagraph 5(b).. without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenam is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise olios fight to terminate shall be given to Landlord in writing by certified, maiLmmm receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the remm receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. Term and RenewaB, The "Initial Term" of this Lease shall commence on the date in the f~rst paragraph of this Lease ("Effective Date")and end on December 31 of the fifth calend~ year of the Lease. Subject to the terms and conditions of this Lea. se, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 follow/ng the expiration date of the Initial Term or of any subsequent Renewal Term. I I I ! I I I I I I I I I I I I I I