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2022-133A
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2022-133A
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Last modified
6/13/2023 9:29:59 AM
Creation date
6/13/2023 9:28:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
07/12/2022
Control Number
2022-133A
Agenda Item Number
8.K.
Entity Name
TIGR Acquisitions III, LLC
Subject
Easement Agreement for 1725 17th Avenue
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BK; 3558 PG: 1777 <br />6. Grantor Cooperation and Non-interference. Grantor hereby agrees to cooperate with Grantee and/or <br />each Collocator in obtaining all licenses, permits or authorizations from all applicable governmental <br />and/or regulatory entities and in acquiring any necessary upgrades to or relocation of utility service to <br />support the Permitted Use. Grantor's cooperation shall be at no cost to Grantor and without requiring <br />payment of additional rent or fees by Grantee or any Collocator. Grantor shall not interfere with any <br />construction in the Easement so long as such construction is to support the Permitted Use and is <br />proceeding pursuant to a building permit or other required municipal or governmental approvals. <br />Grantor shall not, nor shall Grantor permit its lessees, licensees, employees, invitees or agents to, use <br />any portion of the Parent Property or the Easement in a way which materially interferes with the <br />operations of any Collocator who shall have peaceful and quiet possession and enjoyment of the <br />Easement. Grantor may not directly or indirectly induce, invite, or conspire to induce or invite any <br />Collocator to use or lease space in direct competition with Grantee's Easement. In furtherance of the <br />forgoing, Grantor shall not lease, license or otherwise grant any additional interest in any portion of the <br />Parent Property for the Permitted Use by telecommunication tenants without the prior written consent <br />of Grantee in which may be withheld in Grantee's sole discretion. <br />7. Assignment. Grantee may pledge, assign, mortgage, grant a security interest, or otherwise encumber <br />its interest created by this Agreement. Grantee may freely assign this Agreement in part or in its entirety, <br />and any or all of its rights hereunder, including the right to receive rent payments. Upon the absolute <br />assumption of such assignee of all of the obligations of Grantee under this Agreement, then Grantee <br />will be relieved of all obligations and liabilities hereunder. <br />8. Taxes and Other Obligations. All taxes and other obligations that are or could become liens against <br />the Parent Property or any subdivision of the Parent Property containing the Easement, whether existing <br />as of the Effective Date or hereafter created or imposed, shall be paid by Grantor prior to delinquency <br />or default. Grantor shall be solely responsible for payment of all taxes and assessments now or hereafter <br />levied, assessed or imposed upon the Parent Property, or imposed in connection with the execution, <br />delivery, performance or recordation hereof, including without limitation any sales, income, <br />documentary or other transfer taxes. If Grantor fails to pay when due any taxes or other obligations <br />affecting the Parent Property, Grantee shall have the right but not the obligation to pay such and demand <br />payment therefor from Grantor, which payment Grantor shall make with in ten (10) days of such demand <br />by Grantee. <br />9. Insurance. During the Term of this. Agreement, each Collocator shall maintain general liability <br />insurance as required under their respective lease. Grantor shall maintain any insurance policies in place <br />on the Parent Property or as required under each Collocation Agreement. <br />10. Subordination and Non -Disturbance. Grantor shall maintain the Parent Property free of mortgages <br />or other financial security interests or obligations. <br />11. Mutual General Indemnification. Grantor and Grantee shall each indemnify and hold harmless the <br />other against any and all claims, damages, costs and expenses (including reasonable attorney's fees and <br />disbursements) caused by or arising out of the indemnifying party's breach of this Agreement or the <br />negligent acts or omissions or willful misconduct on the Parent Property by the indemnifying party or <br />the employees, agents, or contractors of the indemnifying party. Any requirements of Grantor in this <br />Section 11 are only to the limits set forth in §768.28, Florida Statutes, <br />12. Environmental Representations and Indemnification. <br />a. Grantor represents and warrants that, to the best of Grantor's knowledge, no pollutants or other <br />toxic or hazardous substances, as defined under the Comprehensive Environmental Response, <br />Compensation, and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., or any other federal or <br />Asset Pile 4: TwPAOD36305 Page 3 of 14 <br />
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