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2021-124
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Last modified
11/29/2021 3:43:30 PM
Creation date
9/7/2021 2:22:10 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/17/2021
Control Number
2021-124
Agenda Item Number
12.E.1.
Entity Name
TIGR Acquisitions III, LLC
(with consulting from SteepSteel LLC)
Subject
Purchase and Sale Agreement for 810 Bailey Road Tower
supporting doscuments added 11_29_21; signed by county admin
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regulations,with notice to Licensor. <br /> (b) Licensee has the right to perform routine maintenance/repairs/replacements with Licensor <br /> approval when no changes to the exterior appearance of Licensee's Communication Facility are made and <br /> provided that the number of antennas are not increased, or the structural integrity of Licensor's Tower <br /> decreased,the antennas are replaced with a like kind model,wind loading is not increased,coax diameter or <br /> quantity is not increased,technology is not changed in a manner which causes interference in violation of <br /> Section 8 hereof and Licensee does not take up more space then what is shown on Exhibit B Licensee shall <br /> notify Licensor in writing of its intent to perform routine maintenance/repairs/replacements. Upon <br /> receipt of written notice,Licensor shall have thirty(30)days to grant Licensee the approval to proceed with <br /> the routine maintenance/repairs/replacements work, such approval not to be unreasonably withheld, <br /> conditioned or delayed. <br /> 3. TERM. <br /> (a) The initial term of this Agreement will be five(5)years(the "Initial Term"),commencing <br /> on the Effective Date.The Initial Term will terminate on the fifth(5th)anniversary of the Effective Date. <br /> (b) This Agreement will automatically renew for ( )additional five(5)year term(s) <br /> (each additional five (5) year term shall be defined as an "Extension Term"), upon the same terms and <br /> conditions set forth herein unless Licensee notifies Licensor in writing of Licensee's intention not to renew <br /> this Agreement at least six(6)months days prior to the expiration of the Initial Term or the then-existing <br /> Extension Term. <br /> (c) The Initial Term and any Extension Terms are collectively referred to as the "Term". <br /> (d) This Agreement shall terminate at the end of the Term. <br /> 4. RENT. Commencing on t\love,A,17.6r-12. , 2021, (the "Rent Commencement Date"), <br /> Licensee will pay Licensor on or before the fifth(5th)day of each calendar year in advance One and No/100 <br /> Dollars($1.00)(the "Rent"),at the address set forth above. <br /> 5. APPROVALS. Licensor agrees that Licensee's ability to use the Premises is contingent upon the <br /> suitability of the Premises and Property for Licensee's Permitted Use and Licensee's ability to obtain and <br /> maintain all licenses,permits and approvals required or deemed necessary or appropriate at Licensee's sole <br /> discretion for its use of the Premises and include, without limitation, applications for zoning variances, <br /> zoning ordinances, amendments, special use permits, and construction permits (collectively, the <br /> "Government Approvals"). Licensor authorizes Licensee to prepare, execute and file all required <br /> applications to obtain Government Approvals for Licensee's Permitted Use under this Agreement and <br /> agrees to reasonably assist Licensee with such applications and with obtaining and maintaining the <br /> Government Approvals. <br /> 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as <br /> follows: <br /> (a) by either party on thirty(30)days prior written notice,if the other party remains in default <br /> under Section 15 of this Agreement after the applicable cure periods;or <br /> (b) by Licensee upon written notice to Licensor, if Licensee is unable to obtain, or maintain, <br /> any required approval(s) or the issuance of a license or permit by any agency, board, court or other <br /> governmental authority necessary for the construction or operation of the Communication Facility as <br /> now or hereafter intended by Licensee; or if Licensee determines, in its sole discretion that the cost of <br /> or delay in obtaining or retaining the same is commercially unreasonable. <br /> 2 <br /> Cell Site Number: <br /> Cell Site Name: <br />
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