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T-MOBILE WEST CORPORATION (4)
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Last modified
4/26/2018 3:37:40 PM
Creation date
5/23/2011 10:02:34 AM
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Contracts
Company Name
T-MOBILE WEST CORPORATION
Contract #
A-2010-135
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
7/19/2010
Expiration Date
4/19/2020
Insurance Exp Date
5/1/2013
Destruction Year
2025
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not paid within fifteen (15) days after the due date and provided LESSOR has complied with all <br />applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to Six <br />Percent (6%) of the then -current monthly rent. Rental amounts attributable to partial months <br />shall be prorated on a daily basis. <br />5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an <br />annual rental increase of Four Percent (4%) per year, to be increased on each anniversary of the <br />Commencement Date. <br />6. INITIAL PAYMENT. LESSEE hereby agrees, in lieu of making an initial <br />payment, LESSEE will demolish the existing restroom building, as set forth on the Site Plan <br />attached hereto as Exhibit B. <br />7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) <br />additional five (5) -year terms (each a "Renewal Term"). Each Renewal Term shall be on the <br />terms and conditions as set forth herein as follows: <br />(i) Six (6) months prior to the expiration of the initial term, if LESSOR, in its reasonable <br />discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's <br />intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease <br />will not be extended. <br />(ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If <br />LESSEE determines that it desires to extend the term LESSEE shall provide written notice six <br />(6) months prior to the end of the then -current term. Within sixty (60) days of receipt of <br />LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest <br />and, if not in LESSOR's interest, LESSOR shall deny such extension request. <br />If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an <br />additional Renewal Term. If neither party provides notice as set forth above, the lease shall <br />continue on a month-to-month basis. <br />8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's <br />ability to use the Premises is contingent upon its obtaining all of the certificates, permits and <br />other approvals (collectively the "Governmental Approvals") that may be required by any <br />Federal, State or local authorities as well as satislactory soil boring tests which will permit <br />LESSEE's use of the Premises as set forth h,:rcin. LESSOR shall cooperate with LESSEE in its <br />effort to obtain such approvals and shall take no action, which would adversely affect the status <br />of the Property with respect to the proposed use by LESSEE. <br />Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to <br />enter the Premises for the purpose of making necessary inspections and engineering surveys (and <br />soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to <br />determine the suitability of the Premises for LESSEE's Facilities (defined below) and for the <br />purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such <br />applications for such Governmental Approvals should be finally rejected or any Governmental <br />Approval issued to LESSEE is canceled, expires. lapses, or is otherwise withdrawn or terminated <br />by the governmental authority or soil boring tests are Found to be unsatisfactory so that LESSEE <br />will be unable to use the Premises for its intcnded purposes or LESSEE determines that the <br />
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