Res 1986-050 - Laserfiche WebLink

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-2- 4. Governmental Approval s: Lessee shall be solely responsible for receiving approval from all governmental and regulatory authorities for the installation, use, operation, maintenance, and removal of its equipment upon the leased premises. If Lessee is unable to secure all appropriate approval s, this lease may be cancelled by Lessee by providing thirty (30) days written notice to Lessor and all monies paid by Lessee shall be refunded except for the first month's consideration and the agreement execution fee. 5. Term: This Agreement shall extend for a period of five (5) years from the date hereof. The annual rental shall increase each year by five (5) percent per year over ~he previous year's consideration. 6. Consideration: As consideration for this Agreement, Lessee shall pay Lessor the sum of Three Hundred Dollars ($300.00) per month, payable every six months in advance, subject to the escalation clause in Section 5 above. A pro rata portion of such consideration shall be paid for any portion of a month included in the term of this Agreement. In addition, Lessee shall pay Lessor at the inception of this lease a one-time agreement execution fee of $200. 7. Termination: a. This Agreement may be terminated at any time, without notice, by Lessor should Lessor determine that the structural integrity of the water tower is in question or that the water tower or any appurtenances thereto pose an immed ia te threat to life and/or property, and, in such event, no compensation shall be paid to Lessee for damages to any equipment, the removal of which was necessitated by such condition. b. This Agreement may be terminated by either party prior to the expiration of the term hereof upon one hundred eighty (180) days' prior written notice to the other party of its intention to so terminate. c. This Agreement may be terminated by either party upon default by the other party hereto of any of the covenants or conditions contained in this Agreement other than a default resulting in the creation of conditions described in paragraph 7a. hereof. In the event of a default by a party hereto, the other party shall give the defaulting party written notice of such default and, upon the defaulting party's failure to cure or remedy said default within thirty (30) days following receipt of notice thereof, this Agreement shall terminate immediately without further notice to the defaulting party. d. Lessee's failure to remove its property within seven (7) days following termination of this Agreement shall result in Lessee having no further claim, right, title or interest in or to any of said property. 8. Notices: All notices to Lessor provided for herein shall be in writing and shall be sent by certified mail, return receipt requested, postage prepaid, addressed to the City Manager of the City of San Marcos, 630 East Hopkins, San Marcos, Texas 78666, or to such other address as Lessor may designate from time to time by notice to Lessee. All notices to Lessee provided for herein shall be in writing and shall be sent by certified mail, return receipt requested, postage prepaid, addressed to GTE Mobilnet, Incorporated, 616 F.M. 1960 West, Suite 400, Houston, Texas 77090, Attention: Manager of Site Acquisition, with a copy to Operations Manager, GTE Mobilnet Incorporated, 5400 North Lamar, Suite 208, Austin, Texas 78751, or such other address as Lessee may designate from time to time by notice to Lessor.