Agenda - Council - 07/10/2007 - Laserfiche WebLink

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the event the taxing authorities include in such real estate taxes and assessments the value of any • - improvements made by Tenant, or of machinery, equipment; fixtures, inventory or other personal property or assets of Tenant, then Tenant shall pay all the taxes attributable to such items in addition to the real estate taxes and assessments. A photostatic copy of the tax statement submitted by Landlord to Tenant shall be sufficient evidence of the amount of taxes and assessments assessed or levied against the Property. b. Operating Expenses. A sum equal to one hundred percent (100 %) of the annual aggregate Operating Expense incurred by Landlord in the operation, maintenance and repair of the Building and Property. The term "Operating Expenses" shall include but not be limited to maintenance, repair, operation of utilities and lighting, mechanical rooms, and roof, parking and landscaped areas, signs, snow removal, non - structural repair and maintenance of the exterior of the Building, insurance premiums, wages and fringe benefits of personnel employed for such work, costs of equipment purchased and used for such purposes, and the cost or portion thereof properly allocable to the Property (amortized over such reasonable period as Landlord shall determine together with the interest at the rate of ten percent (10 %) per annum on the unamortized balance) of any capital improvements made to the Building by Landlord after the Initial Term which results in a. reduction of Operating Expenses or made to the Building by Landlord after the date of this Lease that are required under any governmental law or regulation that was not applicable to the Building at the time it was constructed. The payment of the sums set forth in this paragraph 3 shall be in addition to the Base Rent payable pursuant to paragraph 2 of this Lease. All sums due hereunder shall be due and payable within thirty (30) days of delivery of written certification by Landlord setting forth the • computation of the amount due from tenant. In the event the lease term shall begin or expire at any time during the calendar year, Tenant shall be responsible for its pro -rata share of Additional Rent under subdivisions a. and b. during the Lease and /or occupancy time. Prior to commencement of this Lease, and prior to the commencement of each calendar year thereafter commencing during the term of this Lease or any renewal or extension thereof, Landlord may estimate for each calendar year (i) the total amount of Real Estate Taxes; (ii) the total amount of Operating Expenses; (iii) the Real Estate Taxes for such calendar year; (iv) Operating Expenses for such calendar year; and (v) the computation of the annual and monthly rental payable during such calendar year as -a result of increases or decreases of Real . Estate Taxes and Operating Expenses. Said estimates will be in writing and will be delivered or mailed to Tenant. The amount of Real Estate Taxes and Operating Expenses for each calendar year, so estimated, shall be payable as� Additional Rent by Tenant, without offset, deduction or demand, in equal monthly installments in advance, on the first day of each month during such calendar year at the option of Landlord. In the event that such estimate is delivered to - Tenant before the first day of January of such calendar year, said amount, so estimated, shall be payable as additional rent in equal monthly installments, in advance, on the first day -of each month during such calendar year. In the event that such estimate is delivered to Tenant after the first day of January of such calendar year, said amount, so estimated, shall be payable as additional rent in equal monthly installments, in advance, on the first day of each month over the balance of such calendar year, • -93-