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11/18/2014 (7)
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11/18/2014 (7)
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Last modified
1/9/2023 12:42:29 PM
Creation date
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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3. If Lessor, at any time during the Term of the Agreement, decides to rezone or sell, subdivide or otherwise <br />transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a <br />purchaser other than Tenant, Lessor shall promptly notify Tenant in writing, and suc rezoning, sale, <br />subdivision or transfer shall be subject to the Agreement and Tenant's rights hereunder. <br />4. Lessor agrees not to sell, lease or use any areas of the Property or Surrounding Property fo� the installation, <br />operation or maintenance of other wireless communications facilities if such installation, operation or <br />maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by <br />radio propagation tests performed by Tenant in its sole discretion. Lessor or Lessor's prospective purchaser <br />shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests <br />demonstrate levels of interference unacceptable to Tenant, Lessor shall be prohibited from selling, leasing or <br />using any areas of the Property or the Surrounding Property for purposes of any installation, operation or <br />maintenance of any other wireless communications facility or equipment. ` <br />5. If at any time after the date of the First Amendment, Lessor receives a bon <br />party seeking an assignment or transfer of the Rent payments associatedth <br />Offer"), Lessor shall immediately furnish Tenant with a copy oRen <br />the right within ninety (90) days after it receives such copy e e <br />writing to match the terms of the Rental Stream Offer. Su ti a <br />substantially similar to the Rental Stream Offer. If Tenant choose s <br />written notice to Lessor within the ninety (90) day period, s a t <br />payments pursuant to the Rental Stream Offer, subject to th f t <br />assign or transfer Rent payments without complying with t th en <br />void. Tenant shall not be responsible for any failure to th gree: <br />right to hold payments due under the Agreement until Le pli Section. <br />6. This Memorandum contains only selected p <br />full text of the Agreement and the First <br />incorporated herein by this refere Ex <br />Memorandum, the terms and co f <br />may be executed in any numbe un <br />together shall constitute one and the <br />have the same meanings as defied in the <br />vent, and i <br />e of from a third <br />("Rental Stream <br />ant shall have <br />and agree in <br />of a contract <br />kit or fails to provide <br />t to receive Rent <br />If Lessor attempts to <br />t or! transfer shall be <br />nent and reserves the <br />is made to the <br />terms and condi ions, which are <br />,loVied in the First Amendment and this <br />in full force and effect. This instrument <br />shall be deemed an original and which <br />ized terms used but not defied herein shall <br />Agreement, as applicable. <br />7 <br />20 <br />
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