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1995-335
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1995-335
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Last modified
9/9/2024 12:53:18 PM
Creation date
10/1/2015 12:59:49 AM
Metadata
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Official Documents
Official Document Type
Agreement
Approved Date
12/19/1995
Control Number
1995-335
Entity Name
Talcom, Inc.
Subject
South Communication Tower
Supplemental fields
SmeadsoftID
8014
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telecommunication facilities located on or about the Tower and/or <br />Equipment Building and all right, title and interest in and to the <br />Tower and the Equipment Building shall vest in and become the <br />property of COUNTY. In removing its personal property, TENANT must <br />leave the Tower and Equipment Building in the condition that <br />existed upon termination of this Agreement, subject to normal wear <br />and tear. <br />15. Transfer of Title, cadet cniovmenz ana access w quo <br />Prooerty: COUNTY warrants that it has valid leasehold to the <br />Property and has the right to execute this Agreement and agrees <br />that TENANT shall, subject to the terms and conditions of this <br />Agreement, have the peaceable and quiet enjoyment and possession of <br />the Property without any interference or hindrance from COUNTY or <br />any persons lawfully claiming by, through or under COUNTY. COUNTY <br />further covenants that there are no liens, judgments, impediments <br />of title or any third party claims to, against or concerning the <br />Property. <br />16, Subordinationi Thin Agreement shall not be subordinate <br />to any mortgage entered into by COUNTY which, from time to time, <br />may encumber all or any portion of the Property or right of way <br />unless such mortgagee recognizes the validity of this Agreement and <br />enters into a non -disturbance and attornment agreement with TENANT, <br />in a form acceptable to TENANT, pursuant to which TENANT shall have <br />the right to remain in occupance of and have access to the Property <br />in the event COUNTY's interest in the property is foreclosed. The <br />parties acknowltdge and agree that all instruments necessary to <br />evidence subordination and the non -disturbance and attornment <br />agreement shall be executed in a timely manner and in recordable <br />form. <br />17. Condemnation: If a condemning authority takes all of the <br />Property or any portion sufficient, in TENANT'S sole determination, <br />to render the Property, the Tower and/or Equipment Building <br />unsuitable for the use which TENANT was then making of the <br />Property, the Tower and/or the Equipment Building, this Agreement <br />shall terminate as of the date that title vests in the condemning <br />authority. The parties shall be entitled to share in the <br />condemnation proceeds in proportion to the values of their <br />respective interest in the Property as such interest exists <br />immediately prior to the termination of this Agreement (which for M <br />TENANT shall include, where applicable, the value of its C <br />telecommunication facilities, the Tower and the Equipment Building, <br />moving expenses, prepaid rent and business dislocation expenses) co <br />the sale of all or part of the Property to a purchaser with the <br />power of eminent domain in the face of the exercise of such power, 47 <br />shall be treated as a taking by condemnation. If all of the <br />Property or any portion thereof is condemned by any legally Go <br />constituted authority for any public use or purpose and TENANT's 0 <br />ability to use the Property in accordance with the terms set forth <br />herein is impaired, then this Agreement shall cease from the time <br />that such condemning authority takes possession of the Property. <br />iA <br />��";fn, <br />
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