2007-041 Ordinance - Laserfiche WebLink

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? ? all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. (b) Tenant may sublease the Premises upon written notice to Landlord and shall pay a collocation fee in the amount of fifty percent (50°/a) of any rental revenue received from such sublessee of Tenant. The terms and conditions of any sublease shall be governed by this primary Lease and as restricted by the site plans in Exhibit B. The Landlord consent to sublease may be issued within a reasonable time upon review and approval of the Director of Public Safety, which shall not be unreasonably withheld, conditioned or delayed, upon submission of such technical and building plans to the Building Commissioner, and in accordance with requirements of North Olmsted Code Chapter 1151. (c) Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice, as provided in Section 9 of this Lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant. Failure by Landiord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in Section 17 of this Lease. 16. Successors and Assiens. This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in TenanYs and/or Mortgagee's sole discretion and without Landlord's consent. 18. Miscellaneous. (a) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information as the other may reasonably request. (b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. (c) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached hereto as Exhibit C) necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to use commercially reasonable efforts to obtain and furnish to Tenant a non- disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (d) This Lease shall be construed in accordance with the laws of the state in which the Property is located. Furthermore, Tenant's Antenna Facilities shall be operated in accordance with applicable federal and local law, including Chapter 1 151 of the North Olmsted Codified Ordinances. (e) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in fuli force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shaii not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease wili be deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (o The persons who have executed this Lease represent and warrant that they are duly authorized to execute th+s Lease in their individual or representative capacity as indicated. SiteNumUer. CL41-3766 5 Version 10-2-01 Si[e Name: North Olnuted Fire Station No. 2 Market Cleveland