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

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JUN-02-199? 18:03 LEAGUE OF MN CITIES P.O?/i8 '[OPTION 1: This Lease shall be automatically renewed for each successive Renewa.l Term un.less either Landlord or Tenant sends written notice of non-renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 21 ofth~s Lease.] [OPTION 2: This Lease shall expire at the end of the Initial Term or any Renewal Term unless Tenant sends written notice to Landlord of Tenant's election to renew at least ninety (90) days prior to the expiration of the Initial Term or any RenewS.~ Term, such notice provided in accordance with Paragraph 2I of this Lease.] (a) User Pri_ori.~. Tenant agrees that the following priorities of use, in descending order, shall apply in the e~ent of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: Landlord; Public safety agencies, including law enforcemem, fire, and ambulance services, that are not part of the Landlord; Other governmental agencies where use is not related to public safety; and Government-regulated entities whose antennae offer a service to the general public for a fee, in a mm-mcr similar to a public utili~, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord-approved communications-antenna facility, equipment, cabinets and an accessory, building, and uses incidental thereto for providing radio and wireless telecommurfication services which Tenant is legally authorized to provide to the public. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the Leased Prerrfises to be used by other pm'ties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tcnant*s communications antenna facility shall consist of antennas at a Landlord-approved location, along w/th cables and appurtenances connected to an accessory building or cabinet located on the Leased Prern.ises ("Antenna Facilities"). Tenant shall comply w~th all applicable ordinmaees, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, reuained by Landlord demonstrating that (i) each additional antenna will not interfere with existing tOption ] and Option 2 represent ahernative renewal fights of/~n~ord ~d Tenant. Option 1 is an automatic renewal, but also ~ives Landlord the right of non*renewaJ at the end of each five year term. Option 2 requires an aft-m-native notice to renea' by Tenam, but does not give the Lan~lo~ the right of non-renewal (unJess it is for cause or otherwise provided in section 14).