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Resolution 2025-06
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Resolution 2025-06
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Last modified
3/25/2025 3:13:53 PM
Creation date
3/25/2025 11:28:18 AM
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City Council Records
Also Known As (aka)
Approving a structure lease agreement for wireless equipement at the Louisville Recreation and Senior Center
Meeting Date
2/18/2025
Doc Type
Resolution
Ord/Res - Year
2025
Ord/Res - Number
06
City Property Name
Facilities Recreation Center
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work on the Premises, submit plans and specifications ("Site Plans") for Landlord's approval, which <br />approval shall not be unreasonably delayed, conditioned, or withheld. For a period of ninety (90) days <br />following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, <br />the right to use such portions of the Landlord's contiguous, adjoining or surrounding property (the <br />"Surrounding Property") as may reasonably be required during construction and installation of the <br />Communication Facility. Provided they are shown on Exhibit 1 or on Site Plans approved by Landlord, <br />Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to <br />the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication <br />lines from the Property's main entry point to the equipment shelter or cabinet, install a generator and to <br />make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use, <br />including the right to construct a fence around the Premises or equipment, install warning signs to make <br />individuals aware of risks, install protective barriers, install any other control measures reasonably <br />required by Tenant's safety procedures or applicable law, and undertake any other appropriate means <br />to secure the Premises or equipment at Tenant's expense. Any changes to Exhibit 1 or the Site Plans <br />approved by Landlord must be agreed to in writing, in advance by Landlord; provided however, Tenant <br />shall be permitted to make "Like -for -Like Modifications" without prior approval of Landlord. "Like - <br />for -Like Modifications" means removal of all or any portion of the Tenant's equipment on or within the <br />Premises (the "Old Equipment") and replacing the same with similar and comparable equipment <br />(collectively, the "Replacement Equipment") but only so long as the Replacement Equipment does <br />not trigger or cause: (i) additional permitting/regulatory requirements or compliance on Tenant, (ii) a <br />material adverse effect on the structural integrity or loading of the Structure (iii) interference in <br />contravention of Tenant's obligations under Section 8, and/or (iv) Tenant to occupy any additional space <br />on the Property outside of the Premises. All improvements shall be at Tenant's expense. <br />3. TERM <br />(a) The initial lease term will be five (5) years (the "Initial Term"), commencing on the <br />Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. <br />(b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each <br />additional five (5) year term shall be defined as an "Extension Term"), upon the same terms and <br />conditions set forth herein unless Tenant notifies Landlord in writing of Tenant's intention not to renew <br />this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then -existing <br />Extension Term or unless otherwise terminated as provided herein. <br />(c) If Tenant occupies the Premises beyond the final Extension Term without Landlord's <br />written consent ("Hold Over Term"), Tenant will be deemed to occupy the Premises on a month -to - <br />month basis, terminable by either party upon thirty (30) days written notice to the other party. Monthly <br />rent during the Hold Over Term shall be equal to one hundred and fifty percent (150%) of the Rent paid <br />for the last month of the final Extension Term. <br />(d) The Initial Term, any Extension Terms, and any Holdover Term are collectively referred <br />to as the "Term." <br />4. RENT. <br />(a) Commencing on the first day of the month following the date that Tenant commences <br />construction (the "Rent Commencement Date"), Tenant will pay Landlord on or before the fifth (5'") <br />day of each calendar month in advance, Two Thousand Five Hundred and No/100 Dollars ($2,500.00) <br />(the "Rent"), at the address set forth above. In any partial month occurring after the Rent <br />Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Tenant <br />to Landlord within ninety (90) days after the Rent Commencement Date. <br />(b) In year two (2) of the Initial term, and each year thereafter, including throughout any <br />Extension Term exercised, the monthly Rent will increase by two percent (2%) over the Rent paid during <br />the previous year. <br />(c) All charges payable under this Agreement such as utilities and taxes shall be billed by <br />Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any <br />
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