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2011-228C
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2011-228C
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Entry Properties
Last modified
2/18/2016 10:51:18 AM
Creation date
10/1/2015 3:01:02 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Memorandum of License
Approved Date
11/08/2011
Control Number
2011-228C
Agenda Item Number
12.I.2.B
Entity Name
Pinnacle Towers LLC
Subject
Memorandum of Third Amendment to License
Alternate Name
Pinnacle Towers Inc.
Supplemental fields
SmeadsoftID
10323
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"100,, <br /> WHEREAS , the Original License Agreement was amended by that certain Amendment <br /> dated June 22 , 1993 ("First Amendment") by and between Licensor and Sandab ; and <br /> WHEREAS , the Original License Agreement was further amended by that certain <br /> Second Amendment to License dated June 6 , 2006 (" Second Amendment") by and between <br /> Pinnacle Towers LLC , successor in interest to Pinnacle Towers , Inc . by way of a Delaware <br /> conversion , assignee to Sandab and Licensor (the Original License Agreement, First Amendment <br /> and Second Amendment shall be collectively referred to herein as the " License Agreement") ; <br /> and <br /> WHEREAS , Licensor and Licensee entered into that certain Third Amendment to <br /> License dated as of the day hereof (the "Amendment") , in order to , among other things , extend <br /> the term of the License Agreement, all upon the terms and conditions more fully set forth therein . <br /> NOW THEREFORE , for the mutual covenants and premises herein , and other good and <br /> valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged , <br /> the undersigned parties , intending to be bound , agreed in the Amendment as follows : <br /> 1 . Recitals . The foregoing recitals are true and correct and are hereby made a part <br /> hereof for all purposes . <br /> 2 . Defined Terms . Capitalized terms not otherwise defined herein shall have the <br /> meanings set forth in the Amendment and/or the License Agreement, as applicable . <br /> 3 . Term Commencement Date . The parties ratified and affirmed in the <br /> Amendment that the commencement date for the term of the License Agreement was June 22 , <br /> 1993 . <br /> 4 , Term . The License Agreement was modified in the Amendment to provide for a <br /> term of forty-five (45 ) years (the final such term , unless the License Agreement is terminated <br /> sooner, will expire June 21 , 2038 ) , upon the terms and conditions set forth in the License <br /> Agreement (as amended) . <br /> 5 . Right of First Refusal . The License Agreement was modified in the Amendment <br /> to grant Licensee the right of first refusal to purchase all or a portion of the Licensed Premises <br /> under the terms and conditions set forth in the License Agreement . <br /> 6 . No Other Amendments . Except as expressly modified by the Amendment , the <br /> License Agreement remains unchanged and in full force and effect . <br /> T License Agreement Controls . This Memorandum summarizes , for purposes of <br /> the public record , certain rights granted to Licensee in the License Agreement by virtue of the <br /> Amendment, and this Memorandum does not and it should not be interpreted to amend , amplify <br /> or diminish any of the terms and provisions contained in the License Agreement (as amended) . <br /> The parties agree and intend that the terms and provisions contained in the License Agreement <br /> (as amended) shall control in the event of any conflict between any sentence contained in this <br /> Memorandum and the terms and provisions contained in the License Agreement ( as amended) . <br /> Site Name : Vero Beach ( Old Dixie Hwy) 2 <br /> BU# : 870578 and 870579 <br />
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