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2011-228B
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2011-228B
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Last modified
2/18/2016 10:49:09 AM
Creation date
10/1/2015 3:00:56 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
11/08/2011
Control Number
2011-228B
Agenda Item Number
12.1.2.A.
Entity Name
Pinnacle Tower LLC
Subject
Third Amendment to License Radio Telecommunications
WGYL Tower
original agreement 3/17/1992
Alternate Name
Pinnacle Towers Inc.
Supplemental fields
SmeadsoftID
10322
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14 . Termination . Licensee may terminate the License Agreement at any time by notice <br /> to Licensor without further liability if Licensee , in its sole discretion, determines that it will be <br /> unable to use the Licensed Premises . Licensee shall provide Licensor with at least one hundred <br /> eighty ( 180) days prior written notice of Licensee' s intent to terminate the License Agreement. <br /> Upon termination , any prepaid rent will be retained by Licensor unless such termination is due to <br /> Licensor ' s failure of proper ownership or authority, or such termination is a result of default by <br /> Licensor . <br /> 15 . Tower(s) Conveyance/Removal . Upon expiration or termination of the License <br /> Agreement , Licensee may convey the tower(s) to Licensor provided Licensor uses the tower solely <br /> for Licensor ' s equipment . In the event Licensor notifies Licensee in writing that it does not want <br /> the tower(s) , Licensee shall , within a reasonable time , remove all above ground improvements and <br /> restore the Licensed Premises as nearly as reasonably possible to its original condition , without, <br /> however, being required to replace any trees or other plants removed, or alter the then existing <br /> grading . <br /> 16 . Rijzht of First Refusal . If, during the License term , Licensor receives a written <br /> offer and is considering accepting the offer from any entity (along with any of its affiliates) that <br /> owns and operates towers or other facilities for wireless telecommunications or any entity that is in <br /> the everyday business of acquiring Licensor ' s interest in the License Agreement and said entity <br /> desires to acquire any of the following interests in all or a portion of the Licensed Premises (for the <br /> purposes of this License Agreement, Licensed Premises shall include the current License area of <br /> approximately 1 . 10 acres of land) : ( i) fee title , (ii) a perpetual or other easement, (iii) a License, (iv) <br /> any present or future possessory interest, (v) any or all portions of Licensor ' s interest in this License <br /> Agreement including but not limited to the rent or revenue derived herefrom or other interest in the <br /> License Agreement , or (vi ) an option to acquire any of the foregoing, Licensor shall provide written <br /> notice to Licensee of said offer (" Licensor ' s Notice") . Licensor ' s Notice shall include the <br /> prospective buyer ' s name , the purchase price being offered , and other consideration being offered, <br /> the other terms and conditions of the offer, the due diligence period and the proposed closing date . <br /> Licensee shall have a right of first refusal to purchase , at its election and on the terms <br /> and <br /> conditions as in Licensor ' s Notice a fee simple interest in the Licensed Premises or a perpetual <br /> easement for the Licensed Premises . If Licensee does not exercise its right of first refusal by written <br /> notice to Licensor given within thirty ( 30) days , Licensor may sell the property described in <br /> Licensor ' s Notice . <br /> IT IRS Form W-9 . Licensor agrees to provide Licensee with a completed IRS Form <br /> W- 9 , or its equivalent, upon execution of this Amendment and at such other times as may be <br /> reasonably requested by Licensee . In the event Licensor' s property on which the Licensed Premises <br /> is located is transferred, the succeeding licensor shall have a duty at the time of such transfer to <br /> provide Licensee with a completed IRS Form W- 9 , or its equivalent, and other related paper work to <br /> effect a transfer in rental to the new licensor. Licensor ' s failure to provide the IRS Form W- 9 <br /> within thirty (30) days after Licensee ' s request shall be considered a default and Licensee may take <br /> any reasonable action necessary to comply with IRS regulations including, but not limited to , <br /> withholding applicable taxes from rent payments . <br /> Site Name : Vero Beach ( Old Dixie Hwy) 4 <br /> BU# : 870578 and 870579 <br />
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