Item 7B, T-Mobile Cell Antennas - Laserfiche WebLink

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4. Rent. (a) Amount. Adjustments. As a condition for this Lease, Tenant shaII pay Landlord an annual rent in the amount of for the initial year, which shall be increased each year on January I following the first anniversary of the Commencement Date, and annually thereafter, by three percent (3%) of the previous year's annualized rental. (b) Time ofPavrnent. Taxes. For the first year, the rentalshaII be pro rated through December 31 and shall be paid to Landlord withil1itlrirty (30) days of the full execution of this Lease. If the Tenant does not Ill~~t'the requirements referenced in Subparagraph 5(a) below by October 31,'20C!8!and Tenant has diligently pursued such requirements, Landlord shall TefUnd any rental payment made by the Tenant and this Lease shall terminats:;r!n addition to the annual rental, Tenant agrees to timely pay its any personalpl'Pperty tax, real property tax, or any other tax or fee which is directly attri1l11t~ble to the presence or installation of the Antenna Facilities. 5. Governmental Approval Continl!encv. (a) Tenant Application. Tenant's right to use the'iJ-.,yased Premises is expressly made contingent upon its obtaining allthe certifi'oatl:s, permits, zoning and other approvals that may be required by anyfcedl:ral, state, or local authority. (b) lnterfer~nceistud"Y.!B.efore obtaining a buildirlg permit, Tenant must pay for the reaSOnable cost of (i) a radio frequency interference study carried out by an independent and qualified professional reasonably selected by the Landlord showirigthat T~l1al1t's>intendeduse will not interfere with any existing communications! facilitiesasofth.e Effective Date, and (ii) an engineering study showing thatthe Water Towefis able to support the Tenant's Facilities, as defiriedin Subpat!lgraph 7(b), without prejudice to the City's existing use of the Water TOWer. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Water Tower, Landlord shall notify Tenant of the potential interference in writing with sufficient detail so that Tenant may, at its sole election, attempt to eliminate the potential for such interference. If, after a reasonable opportunity to address the potential interference, Tenant is unable to do so, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subparagraph 5(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shaII have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 4(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return 2