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2005-243
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2005-243
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Last modified
7/28/2016 1:59:19 PM
Creation date
9/30/2015 8:58:31 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/19/2005
Control Number
2005-243
Agenda Item Number
7.F.
Entity Name
Verizon Wireless Personal Communications
Verizon Wireless
Subject
Communications Tower - Verizon Wireless Personal Communications
Land Lease Stealth Flagpole
South Reverse Osmosis Water Plant
Area
1550 9th St. SW
Supplemental fields
SmeadsoftID
5083
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sublease , license or other agreement. All rights and responsibilities of LESSEE set forth in this <br /> Agreement shall be enjoyed by and binding on any Sublessee . <br /> In the event LESSEE subleases any portion of the Property , in accordance with this <br /> Agreement , any rental paid by any Sublessee (s) shall be divided between the LESSOR and the <br /> LESSEE in the following manner : 50 % to LESSOR and 50 % to LESSEE . Any Sublessee shall <br /> be instructed to pay the foregoing percentage amounts directly to the LESSOR and the LESSEE . <br /> For all Subleases of any nature whatsoever, LESSEE will provide LESSOR with a tri -party <br /> agreement to be executed by the LESSEE , it ' s Sublessee , and LESSOR to confirm direct <br /> payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been <br /> notified of the sublease ; and LESSEE shall have no liability of any nature to LESSOR in the <br /> event of failure of payment by Sublessee . It is understood and agreed by the Parties that the <br /> foregoing rental percentage amounts shall only apply if LESSEE is able to accommodate all of <br /> Sublessee ' s facilities within LESSEE 5s Property . If LESSEE is unable to accommodate any or <br /> part of Sublessee ' s facilities within the Property , then LESSOR may enter into an agreement <br /> with the Sublessee for a portion of the property that Sublessee requires to locate its facilities . In <br /> this event , LESSEE shall receive 100 % of the rental for that portion of the facilities that are <br /> located within the limits of the Property and LESSOR shall receive 100 % of the rental , <br /> negotiated by LESSOR and Sublessee , for the portion of Sublessee ' s facilities that are located on <br /> the property outside LESSEE ' s Property . <br /> Notwithstanding any other provision of this Agreement , the LESSEE shall not be <br /> required to obtain approval from the LESSOR for the Subletting of the Property or part thereof; <br /> however, LESSEE shall provide written notice thereof to LESSOR . LESSEE shall have the sole <br /> right to determine whether it will Sublet any portion of the Property or whether it will sublease to <br /> any specific Sublessee . <br /> 33 , CAPITAL CONTRIBUTION. Concurrent with the execution of this <br /> Agreement by LESSEE , LESSEE shall tender to LESSOR , as a capital contribution , a check in <br /> the amount of Fifteen Thousand and 00/ 100 Dollars ($ 15 , 000 . 00) . <br /> 34 . TAXES . LESSEE shall pay as additional rent any documented increase in <br /> real estate taxes levied against the Property which are directly attributable to the improvements <br /> constructed by LESSEE within the Premises . LESSOR shall provide to LESSEE a copy of any <br /> notice , assessment or billing relating to real estate taxes for which LESSEE is responsible under <br /> this Agreement within ten ( 10) days of receipt of the same by LESSOR . LESSEE shall have no <br /> obligation to make payment of any real estate taxes until LESSEE has received the notice , <br /> assessment or billing relating to such payment as set forth in the preceding sentence . LESSEE <br /> shall have the right, at its sole option and at its sole cost and expense , to appeal , challenge or <br /> seek modification of any real estate tax assessment or billing for which LESSEE is wholly or <br /> partly responsible for payment under this Agreement . LESSOR shall reasonably cooperate with <br /> LESSEE in filing , prosecuting and perfecting any appeal or challenge to real estate taxes as set <br /> forth in the preceding sentence , including but not limited to , executing any consent to appeal or <br /> other similar document . LESSEE shall be responsible for the payment of personal property taxes <br /> on LESSEE ' s wireless communications equipment which may be located on the Property, and <br /> agrees to pay the same in a timely manner. <br />
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