SR 06:173 - Laserfiche WebLink

ADDENDUM TO SITE LEASE WITH OPTION [Additional Terms] In the event of conflict or inconsistency between the terms of this Addendum and this Lease, the terms of the Addendum shall govern and control. All capitalized terms shall have the same meaning as in this Lease. I(b). Section I(b) ofthe Lease is hereby deleted and replaced with the following: During the Option Period and any extension thereof. and during the tenn of the Lease, Landlord shall cooperate with Tenant in obtaining, at Tenant's expense, all licenses, permits or authorizations required for Tenant's use ofthe Premises (as defined below) from all applicable government and/or regulatory entities, including the City of Pleasant on ("Pleasanton") and the Federal Communications Commission ("FCC") ["Governmental Approvals"] including all land use and wning permit applications. Notwithstanding the prior sentence or any other provision of the this Site Lease. Landlord retains its fun discretionary police power and discretionary authority willi respect to Tenant's application for a Pleasanton Governmental Approval and Landlord shall not be in hreach of this Site Lease if Landlord does not approve Tenant's application for a Pleasanton Governmental Approval. Landlord grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property necessary to detennine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals. During the Option Period and any extension thereof. Tenant may exercise the Option by so notifYing Landlord in writing, at Landlord's address in accordance with Section 12 hereof. 5. Rent shall increase at the rate of 3% annually. 8(g). The following new subsection (g) is hereby added to Section 8 of the Lease: (g) by Landlord, upon twelve (12) month's prior written notice, if Tenant's use of the Property interferes unreasonably with Landlord's use of the Property; provided, however, for purposes of this Section 8(g), the use or intended use of the Property by any telecommunications carrier shall not be deemed a use of the Property by Landlord. 15. The first paragraph of Section 15 of the Lease is herby deleted and replaced with the following: Tenant may, upon written notice to Landlord, assign or transfer (by sublease or otherwise) its rights arising under this Lease to any corporation, partnership or other entity other entity which is (i) controlled by, controlling or under common control with Tenant, (ii) shall merge or consolidate with or into Tenant. (iii) shall succeed to all or substantially all the assets, property and business of Tenant. or (iv) any affiliate or subsidiary or other party as may be required in connection with any offering, merger, acquisition, recognized security exchange or financing. Upon any such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Under all other circumstances, Tenant's proposed assignment, transfer or sublet shall require Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. LANDLORD: City of Pleasant on By: Printed Name: Its: Date: TENANT: Omnipoint Communications Inc.,d/b/a T -Mobile By: Printed Name: Its: Date: Sile Nwnber: Site Name" Markel: BA12765 Water Tank Hill Bay Area 7 CA Version 7.6.05