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

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JUN-02-199? 18:05 LERGUE OF MN CITIES P.12×18 13. Lease Termi~la t/on. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days wriuen notice to the other parry as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty ($0) days ofr~ceipt of written notice ofdefaul: to the other pm-ty (without, however, limiting any other fights of the parties pursuant to any other provisions hereof); by Tcr,~t for c~use if it is unable ~ obtain or maintain any license, or other go. vemmental approval necessary for. the construction and/or operation of the Antenna Facilities or Tenant's business; I I I I I (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord, upon 120 day's prior written notice to Tenant if its Council decides, for any reason, to redevelop the Leased ~emises in a man. er inconsistent with continued use of the Leased Premises by Tenant and/or discontinue use of the Struculre for ali purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited :o, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) by Landlord ifit de:ermines tha a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless-of whether or not such an interference was predicted in the initial interference stucly that was pan of the application process, provided that for a one year period after termintaion under this subparagraph, Landlord shall not lease the Leased Premises to another party with equal or lesser priority for the same use as that of Tenant; or I I I I (vii) by Landlord if it determines that Tenant has failed m comply wkh applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of T.erminafiqn, The pas-ties shall give Notice of Termination in writing by certified mail, return receipt requested. Such Notice shall be effective upon receipt as evidenced by the return receipt, or such later date as stated in the Notice. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. g I I I I