Resolution 2010-08 - Laserfiche WebLink

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SITE NAME: Louisville Recreational Center SITE NUMBER: CQ- DENIIl3 18. Miscellaneous. 18.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant in advance in writing ofthe payee's name ;and address. 18.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and COUlt costs, including appeals, if any. 18.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affec:ted and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.4 Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. 18.5 This Agreement shall be governed under law of the State in which the Premises are located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. In the event of any action regarding this Agreement, the parties agree that venue in such action shall be in and limited to Boulder County District Court or the Federal District Court of Colorado. 18.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. 18.7 All Exhibits referred herein are incorporated herein for all purposes. 18.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance Agreement for the benefit of Tenant from each lender with a security interest recorded upon the title to the Premises at the time of execution of this Agreement.. 18.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. 18.10 The parties acknowledge that Landlord is a political subdivision for purposes of the Colorado Open Records Act, C.R.S. Section 24-72-201, et seq. Notwithstanding any designation of the Agreement, to the contrary, the parties acknowledge that the Agreement is not confidential information and is a public document subject to inspection pursuant to the Colorado Open Records Act. Furthermore, Tenant acknowledges that the Agreement may require review and approval in a public meeting held before the Louisville City Council, and may be distributed with any and all other public documents and packet materials to the media and other requesting parties, in the course of Landlord's normal practices. 18.11 Nothing herein is intended to create or shall be construed to constitute multiple fiscal year financial obligations of the Landlord. 18.12 Tenant's use of the Premises and its real and personal property thereon shall be in compliance with all applicable statutes, laws, ordinances and regulations, including but not limited to, the provisions of Chapter 17.42 of the Louisville Municipal Code concerning telecommunications and commercial mobile radio services. cream... Co1lllllUIlication Tower AgRement - 9- v.S.22-06