1999 036 Ordinance - Laserfiche WebLink

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"Ground Rents" means, as to any Site (other than an Owned Site), all rents, fees and other charges payable by AirTouch to the Ground Lessor under the Ground Lease, as such amount may be adjusted from time-to-time, for such Site calculated in accordance with Section 11(f); "Rent" means, (i) as to any Site other than Owned Sites, the amount of all Ground Rents, and (ii) as to any Owned Site, $1.00; "Site Maintenance Charge" means, as to any Site, in any Sublease Yeaz, an amount equal to $1,500.00 per month for each Non-Microwave Reserved Space, and. an amount equal to $385.00 per month for each Microwave Reserved Space, plus any additional charges pursuant to Sections 5(c) and 5(d), plus the amount of the Managed Component Revenues for such month, representing a payment by AirTouch for services performed by TowerCo for the benefit of AirTouch pursuant to this Agreement. (d) The parties agree that the Site Maintenance Charges payable with respect to Microwave Space Sites and Non-Microwave Space Sites shall be adjusted annually throughout the Term of this Agreement on each anniversary of the applicable Site Commencement Date for each Site by three percent (3%) (such adjustments, termed the "Annual Adjustment"). . (e) If the Average Revenue Per Site (defined below) exceeds $75,000.00 per year (which shall be subject to increase by the Annual Adjustment) (such excess amount defined herein as "Overage") prior to the fi$h (5th) anniversary of the Commencement Date for all Sites subject to this Agreement, TowerCo shall credit an amount equal to twenty-five percent (25%) of such Overage for each Site against the annual Site Maintenance Chazges due under this Agreement for such year and each subsequent year thereafter in which there is an Overage. As used herein, "Average Revenue Per Site" means all gross revenues (excluding utility or tax reimbursements and one-time installation, "hook-up" or similaz fees of Space Subtenants' equipment) TowerCo receives from the Subleased Property, including the annual Site Maintenance Charges paid pursuant to this Agreement, per year divided by the number of Sites (which may be fractional sites as described below) from which such gross revenue is derived. wth respect to any Site which is subj eet to this Agreement for less than the full calendar year in question, such Site shall be treated as a fractional site. The fiaction shall be derived by using the number of days in the calendaz year that the Site was subject to this Agreement aS the numerator and the number of days in the subject calendaz yeaz as the denominator. (fl ~ If the Site Commencement Date for any Site is a day other than the first day of a calendar month, the applicable Ground Rent and Site Maintenance Charge for the period from such Site Commencement Date through the end of the calendar month during which such Site Commencement Date occurs shall be prorated oa a daily basis, and shall be included in the calculation of the Ground .Rent or Site Maintenance Charge, as the case may be, for the fast full calendar month of the Term, on the.first day of the first calendaz month following such Site Commencement Date. (g) On each anniversary of the date hereof; and from time to time upon AirTouch's request, within ten (10) days after AirTouch's giving of such request, TowerCo shall deliver a certificate duly executed by an off cer of TowerCo certifying, as of the date of such certificate, the calculation of the aggregate amount of the Site Payment for such Sublease Yeaz. AirTouch shall have the right (i) to request any substantiation of any such certification and TowerCo shall provide AirTouch with such substantiation within ten (10) days aftersuch request, and (ii) to audit the books and records of TowerCo (at AirTouch's cost and expense) relating to each Site from time to tnne during normal business hours to detemune the accuracy of any such certificate and calculation of the Site Payment. AirTouch shall notify TowerCo in writing of any dispute it may have with ToweICo relating to any such calculation, not later than thirty (30) days after its receipt of such certificate and the Pazties shall resolve such dispute within ten (10) days thereafter. Notwithstanding anything to the contrary contained herein, at any time and from ~:..... Fn timu of l~ i Tn....l.~....,.....ua.f ~»* nn* ~occ t{...« ......L __I_..7..-.......~L. T...~....1'....L..I1 ____...t