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11/18/2014 (7)
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11/18/2014 (7)
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1/9/2023 12:42:29 PM
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3/23/2016 8:53:13 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/18/2014
Meeting Body
Board of County Commissioners
Book and Page
410
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H:\Indian River\Network Files\SL00000E\S0004AE.tif
SmeadsoftID
14159
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equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Lessor <br />or Lessor's prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If <br />the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Lessor <br />shall be prohibited from selling, leasing or using any areas of the Property or the Surroulding Property <br />for purposes of any installation, operation or maintenance of any other wireless communi,'cations facility <br />or equipment. <br />(d) The provisions of this Section shall in no way limit or impair the obligations of Lessor <br />under the Agreement, including interference and access obligations. <br />8. Rental Stream Offer. If at any time after the date of this First Amendment, Lessor receies a bona fide <br />written offer from a third party seeking an assignment or transfer of the rental payments associated with <br />the Agreement ("Rental Stream Offer"), Lessor shall immediately furnish Tenant with), a copy of the <br />Rental Stream Offer. Tenant shall have the right within ninety (90) days after it receives such copy to <br />match the Rental Stream Offer and agree in writing to match the terms of the Rental StreamOffer. Such <br />writing shall be in the form of a contract substantially similar to the Rental Stream Oer. If Tenant <br />chooses not to exercise this right or fails to provide written notice to Lessor within the ninety (90) day <br />period, Lessor may assign the right to receive rental payments pursuant to the Rental) Stream Offer, <br />subject to the terms of the Agreement. If Lessor attempts to assign or transfer rental pa�ments without <br />complying with this Section, the assignment or transfer shall be void. Tenant shall not', be responsible <br />for any failure to make payments under the Agreement and reserves the right to hold) payments due <br />under the Agreement until Lessor complies with this Section. <br />9. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior writ(en notice from <br />the other, execute, acknowledge and deliver to the other a recordable Memorandum. of Lease <br />substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in <br />its absolute discretion. <br />10. Except as amended herein, the terms and conditions of the Agreement shall remain in full force and <br />effect. To the extent of any conflict between the terms of this First Amendment and the terms of the <br />Agreement, the terms of this First Amendment shall control. <br />M <br />204 <br />
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