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2021-121
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Last modified
9/29/2021 9:48:59 AM
Creation date
9/7/2021 1:41:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
08/17/2021
Control Number
2021-121
Agenda Item Number
8.AG.
Entity Name
Vertical Bridge CC FM, LLC
(with consulting from SteepSteel LLC)
Subject
First Amendment to License for rental of wireless tower
Memorandum of amendment to lease
Area
990 1st Place
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provides written notice to Licensor of non -renewal at least one hundred twenty (120) days <br />prior to expiration of the then current term. <br />3. Rent. Commencing immediately upon execution of this Amendment, and in no event <br />later than July 1, 2021, rent shall be adjusted to Twenty -Four Thousand Dollars ($24,000) <br />annually, payable monthly at Two Thousand and 00/100 dollars ($ 2,000.00). Payment <br />to Licensor of the first Three (3) years of this Amendment shall be guaranteed by Licensee. <br />4. Rent adjustment. Rent shall adjust annually by two point seven percent (2.7%) over <br />the prior year's amount. <br />5. Amendment Fees. Simultaneous with execution of this Amendment and as a condition <br />to its effectiveness, Licensee shall pay an amendment fee of Ten Thousand and 00/100 <br />Dollars ($10,000 to Licensor, with a balance of Ten Thousand and 00/100 Dollars <br />($10,000) due upon the anniversary of the commencement date of the amendment, <br />meaning July 1, 2022. <br />6. Revenue Share. In addition to and separate from the Rent, Licensee shall pay to the <br />Licensor, Fifty percent (50%) of rents from any sublicensee(s) on the Licensee's <br />Improvements or Premises, as defined in this License, located on the Licensed Premises <br />exclusive of any reimbursements paid to Licensee by sublicensee, such as but not limited <br />to, taxes, utilities, and non-recurring fees (e.g. structural analysis fees, mount analysis <br />fees, and capital expenditures) ("Sublicensee Rent") <br />7. Right of First Refusal. If Licensor elects during the Term to grant to a third party by <br />easement or other legal instrument, an interest in and to the Premises for the purpose of <br />operating and maintaining communications facilities or the management thereof, with or <br />without assignment of this Agreement to such a third party, Licensee shall have the right <br />of first refusal to meet any bona fide offer of sale or transfer on the same terms and <br />conditions of such offer. If Licensee fails to meet such bona fide offer within thirty (30) <br />days after written notice thereof from Licensor, Licensor may sell or grant the easement or <br />interest in the Premises to such third person in accordance with the terms and conditions <br />of such third party offer. <br />8. Assi nment. Licensee may not assign this License to any person or entity, including <br />Licensee's lender, at any time without the prior consent of Licensor. <br />9. Subleasing. Licensee shall have the exclusive right to sublicense or grant licenses to <br />use the Improvement or any other tower, structures, equipment, or ground space on the <br />Premises, with the prior written consent of Licensor, not to be unreasonably withheld, <br />conditioned, or delayed, except that Licensor shall retain the rights to the space(s) <br />historically reserved for Licensor's exclusive use. Such rights shall be rent free to the <br />Licensor for the duration of the License. Any such sublicense shall be subject to the revenue <br />share provisions of section 6 above. <br />2 <br />Site Name: FPR -009 -AM -FM <br />Site Number: US -FL -5015 <br />
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