2023-079 Resolution - Laserfiche WebLink

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16. Subleases. Lessee at its sole discretion shall have the right, without the consent of or notice to Lessor, to license, sublease or otherwise allow the occupancy of all or a portion of the Premises and the Improvements. If Lessee licenses or subleases a portion of the Premises to a third parry for the purpose of sending and receiving telecommunications signals (each such grant a "Sublease') then Lessee agrees to pay to Lessor, as additional rent, an amount equal to Nine Hundred and No/100 Dollars ($900.00) per month ("Co -Location Renf� which shall escalate on the anniversary of the Commencement Date by two percent (2%) under the following conditions: (i) Lessee shall only be required to pay the Co -Location Rent Payment where the Sublease is with a major wireless carrier (such as Verizon, AT&T, Sprint or T -Mobile); and (ii) Lessee shall not be required to pay Lessor the Co -Location Rent Payment for the fust or initial Sublease ("Anchor Tenant').— In the event the Anchor Tenant vacates the Premises, Lessee shall have the right in substitute the Anchor Tenant with an existing sublessee or licensee who shall become the new Anchor Tenant. The Co -Location Rent Payment for each such Sublease shall be paid to Lessor on the first day of the month following the commencement date of the relevant Sublease and shall be the only consideration for each Sublease (other than the Anchor Tenant). Lessee shall have sole discretion as to whether, and on what terms, to enter into, amend or terminate any such Sublease, and there shall be no express or implied obligation of Lessee to do so nor is Lessor a third -party beneficiary of any Sublease. Lessce's licensee(s) and sublessee(s) shall be entitled to modify the tower and Improvements, and erect and install additional improvements and personal property on the Premises and Improvements, subject to compliance with zoning review and approval, as well as issuance of building code permits, as necessary, including but not limited to antennas, dishes, cabling, utilities, emergency or back up power, generators, and equipment shelters. Lessee's licensce(s) and sublessm(s) shall be entitled to all rights of ingress and egress to the Premises, the right to install utilities on the Premises and the right to use the Premises for the Intended Use as if said licensee or sublessee were the Lessee under this Lease. 17. Taxes. Lessee shall pay any personal property taxes assessed on the Improvements. Lessor shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. In the event that Lessor fails to pay when due any taxes affecting the Premises or the Easement, Lessee shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid by Lessee on Lessor's behalf from future payments of Rent. Lessor agrees to provide to Lessee a copy of any notice, assessment or billing relating to any real or personal property taxes for which Lessee is responsible under this Lease within thirty (30) days of receipt of same by Lessor. Lessee shall have no obligation to make payment of any real or personal property taxes until Lessee has received notice, assessment or billing relating to such payment in accordance herewith. Lessee shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or seek modification of any real or personal property tax assessment or billing for which Lessee is wholly or partly responsible for payment under this Lease. Lessor shall reasonably cooperate with Lessee in filing, prosecuting and perfecting any appeal or challenge to real or personal property taxes as set forth herein, including but not limited to executing consent to appeal or other similar document. 18. Darnme or Destruction. If the Premises or the Improvements are destroyed or damaged so as to hinder the effective use of the Improvements in Lessee's judgment, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor. 19. Condemnation. If a condemning authority takes all of the Premises, or a portion sufficient in Lessee's determination, to render the Premises in the opinion of Lessee unsuitable for the ToaerC Site Name: Norah Olmsted Park To tCo Site NumM OXNOI