1999 036 Ordinance - Laserfiche WebLink

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assessment), then AirTouch shall prepare such Return and TowerCo shall reimburse AirTouch in an amount equal to the amount of Taxes that would have been due and payable if such Taxes were determined on a stand alone basis and using fair market values for such Managed Components and Subleased Property and all other properties included in the central assessment that are consistent with the fair market values set forth in the Allocation Schedule attached as Exhibit "E" to the Agreement to Sublease. For purposes of the immediately preceding sentence, the amount of Taxes owed by TowerCo . to AirTouch will be calculated in the following manner. (i) a state-wide blended tax rate shall be determined (as a reasonable estimate of separate asset reporting tax rates in all taxing jurisdictions containing Tower Sites taking into account any applicable local supplemental property taxes); (ii) the estimated state :wide blended tax rate computed pursuant to clause (i) shall be multiplied by a property tax valuation using historical cost less applicable depreciation; (iii) for purposes of clause (ii), the applicable depreciation will be calculated by using a 24 year asset class life (as defined in Internal Revenue Procedure 87-56 Asset class 48.14 "Telephone Distribution Plant"), except that, in no event shall such depreciation amount exceed 65°/aof the Towe* Asset's historical cost. AirTouch shall submit a request for reimbursement to TowerCo for any such Taxes and shall include therewith copies of the relevant portions of the applicable Returns together with all relevant work papers in support of the amount of reimbursement requested. TowerCo shall pay such reimbursable amount to AirTouch within thirty (30) days of receipt of a request for iimbursement. TowerCo shall send to AirTouch a copy of any Returns filed with respect to TowerCo Taxes. (b) AirTouch shall be responsible for and pay in a timely manner all Taxes imposed, levied or arising out of its ownership, use or the operation of AirTouch Communications Equipment. (c) To the extent the parties cannot agree on the amount and manner of paying or reporting any Taxes hereunder, as soon as practicable, the parties shall submit the dispute to an ,~.-.-~ accounting firm acceptable to both parties which resolution shall be binding upon both parties. TowerCo and AirTouch shall each bear fifty percent (50%) of the cost of any such determination. To the extent valuations are required to detemune the appropriate amount of Taxes due, the parties shall use valuations consistent with-the asset allocation set forth in the Allocation Schedule attached as Exhibit "E" to the Agreement to Sublease for purposes of determining the correct amount of Taxes owed. (d) TowerCo and AirTouch shall cooperate fully with each other and make available to each other such Tax information as may reasonably be necessary for the preparation by TowerCo and . AirTouch of any Tax Returns or in support of an audit or any judicial or administrative proceeding with respect to Taxes. The, parties shall retain Tax information for a period of four (4) years following the close of the taxable year for which such information relates, provided however, that in the event of an audit with. respect to Taxes, the relevant information shall lie retained until there is a final adjudication with respect to such audit. 17. UTILITIES. Prior to the Site Commencement Date as to each Site, TowerCo shall make all arrangements for, and thereafter shall pay, or cause to be paid, when due all charges for connection of all utilities and services to such Site, excluding electricity, telephone, power, and other utility used or consumed by the applicable Sublessor with respect to such Site or its Affiliate occupying the Reserved Space but including such utilities used and wnsumed by all Space Subtenants of such -Site. As among such Sublessor and all Space Subtenants, TowerCo shall cause utility charges to be separately metered, and the applicable Sublessor shall be separately responsible for all utilities famished to the Reserved Space for the use, • operation and maintenance of AirTouch's Communiartions Equipment. 18. GOVERNMENTAL APPROVALSICOMPLIANCE WITH LAWS.