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2015-133
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2015-133
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Last modified
4/20/2018 11:36:04 AM
Creation date
7/29/2015 9:50:45 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/07/2015
Control Number
2015-133
Agenda Item Number
13.B.
Entity Name
T-Mobile South LLC
Subject
Cell Tower License
Area
Historic Dodgertown
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />exact terms of the offer so received, together with a copy of such offer, and shall stditā¢ttnithe County <br />to sell the Premises on such terms and conditions. Thereafter, the T -Mobile shall have the right and option to <br />purchase the Premises at the price and upon the terms and conditions specified in the offer (the "Offer"). If the <br />T -Mobile desires to exercise its option, it shall give notice (the "Counter Notice") to that effect to the County <br />within thirty (30) days after receipt of the Transfer Notice. The closing of the purchase and sale of the Premises <br />pursuant to this option shall occur at the time set forth in the Offer, provided that T -Mobile shall not be required <br />to close before the 15th day following the date of the Counter Notice. T -Mobile's failure to give a timely <br />Counter Notice (or its notice of refusal to purchase) shall be deemed a waiver of its rights to exercise its right of <br />first refusal to accept the Offer but shall not be deemed a waiver of its right of first refusal with respect to any <br />modification to the Offer or any future Offers. <br />15. SECURITY. The parties recognize and agree that T -Mobile shall have the right to safeguard and protect its <br />improvements located upon or within the Premises. Consequently, T -Mobile may elect, at its expense, to <br />construct such enclosures and/or fences as T -Mobile reasonably determines to be necessary to secure its <br />improvements, including the tower(s), building(s), guy anchors, and related improvements situated upon the <br />Premises subject to prior approval and permitting by the County. T -Mobile may also undertake any other <br />appropriate means to restrict access to its communications buildings and related improvements subject to prior <br />approval and permitting by the County. Whenever County's approval or consent is required under this License, <br />it shall not be unreasonably withheld, conditioned or delayed. <br />16. FORCE MAJEURE. The time for performance by County or T -Mobile of any term, provision, or <br />covenant of this License shall be deemed extended by time lost due to delays resulting from acts of God, strikes, <br />civil riots, floods, material or labor restrictions by governmental authority, and any other cause not within the <br />control of County or T -Mobile, as the case may be. <br />17. DEFAULT. The failure of T -Mobile or County to perform any of the covenants of this License shall <br />constitute a default. The non -defaulting party shall give the other written notice of such default, and the <br />defaulting party shall cure such default within thirty (30) days after receipt of such notice. In the event any such <br />default cannot reasonably be cured within such thirty (30) day period, if the defaulting party shall proceed <br />promptly after the receipt of such notice to cure such default, and shall pursue curing such default with due <br />diligence, the time for curing shall be extended for such period of time as may be necessary to complete such <br />curing, however, in no event shall this extension of time be in excess of sixty (60) days, unless agreed upon by <br />the non -defaulting party. <br />18. REMEDIES. Should the defaulting party fail to cure a default under this License, the other party shall <br />have all remedies available either at law or in equity, including the right to terminate this License. In the event <br />County elects to terminate this License due to a default by T -Mobile, it shall continue to honor all sublicense <br />commitments made by T -Mobile through the expiration of the term of any such commitment, it being intended <br />hereby that each such commitment shall survive the early termination of this License. <br />19. ATTORNEY'S FEES. If there is any legal proceeding between County or T -Mobile arising from or based <br />on this License, each party shall pay their own costs and expenses, including attorney's fees. <br />20. PRIOR AGREEMENTS. The parties hereby covenant, recognize and agree that the terms and provisions <br />of this License shall constitute the sole embodiment of the arrangement between the parties with regard to the <br />Premises, and that all other written or unwritten agreements, contracts, or Licenses by and between the parties <br />with regard to the Premises are hereby terminated, superseded and replaced by the terms hereof. The terms of <br />this paragraph do not apply to existing agreements the County may have with other entities other than T - <br />Mobile. <br />6 <br />
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