Contracts & Agreements_194-2002 - Laserfiche WebLink

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B. Post -CUP. The term of the Lease described in Section 2(A) above, shall terminate upon the date of approval of a CUP to Tenant for development of the Site. The new term of this Lease shall be as is now set forth herein. The "Commencement Date" for purposes of the term of the "Post CUP" Lease shall be the date of approval of the CUP from Landlord to Tenant and shall be for a period of five (5) years from that date, at which time rental payments will be due at an annual rate of $25,000 to be paid in total on the Commencement Date, and on the anniversary of Commencement Date thereafter, to the City of Redlands or to such other person, firth or place as the Landlord may, from time to time designate by written notice delivered to Tenant. This Lease shall automatically be extended for three (3) additional five (5) year terms unless either party terminates it at the end of the then current term by giving written notice of the intent to terminate at least six (5) months prior to the end of the then current term or unless terminated as otherwise provided herein in this Lease. Rent will increase every five (5) years on the anniversary of the "Commencement Date" by fifteen percent (15%). Section 3. Use of Premises. During the term of this Lease, the Site shall be used solely by Tenant, subject to the conditions set forth in Conditional Use Permit ("CUP") No. 774 , attached hereto and incorporated herein by reference as Exhibit "C" (or to be attached upon the procurement of the CUP) for the sole purpose of installing, removing, replacing, maintaining, modifying and operating at its sole expense the WSF including, without limitation, related antennas, equipment, cable, wiring, fixtures, backup power sources (including generator and fuel storage tank) and, if applicable, an antenna structure. Landlord hereby grants Tenant a License, attached as Exhibit, "D" for ingress to and egress from the Property and access to the Site, twenty-four (24) hours a day seven (7) days a week, located on the Property as described on Exhibit "A" and shown on Exhibit "B", and Tenant shall have access to the site upon giving City at least four (4) hours prior notice of its request to enter the site. Tenant will contact the City's Municipal Utilities Department - standby dispatch office for access. Landlord also hereby grants to Tenant the right to survey the Property and the Site, and said survey if done, shall then become Exhibit "E" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "B". Cost for such work shall be borne by the Tenant. Tenant shall use the Site in a manner which shall not unreasonably disturb the occupancy of Landlord's pre-existing use of the property, or the pre-existing use of Landlord's other tenants. Section 4. As Is Condition. Except as expressly stated otherwise herein, Tenant is leasing the Site in an "AS IS" condition and Landlord does not represent that the Site is suitable for Tenant's intended use. Tenant is responsible to undertake such due diligence as it deems necessary to determine the condition and suitability of the Site. Tenant shall have the right (but not the obligation), during business hours, following the full execution of this Lease, and with the permission and consent of Landlord, to enter the Site for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable), and other reasonably necessary tests, to determine the suitability of the Site for the WSF and for the purpose of preparing for the construction of the WSF. Tenant will notify Landlord of any proposed testing or pre - construction work and will obtain Landlord's written consent for such testing and pre- CM-365-11 November 7, 2002 (11:16AM)