2008-362A - Laserfiche WebLink

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GTP Site ID: FL -5586 GTP Site Name: Vero Beach 13. INSURANCE. (a) Global Tower shall insure against property damage and bodily injury arising by reason of occurrences on or about the Premises in the amount of not less than $1,000,000. The insurance coverage provided for herein may be maintained pursuant to master policies of insurance covering other tower locations of Global Tower and its corporate affiliates. All insurance policies required to be maintained by Global Tower hereunder shall be with responsible insurance companies, authorized to do business in the state where the Premises are located if required by law, and shall provide for cancellation only upon 10 days' prior written notice to County. Global Tower shall evidence such insurance coverage by delivering to County, if requested, a copy of all such policies or, at Global Tower's option, certificates in lieu thereof issued by the insurance companies underwriting such risks. (b) County is self insured and warrants it carries sufficient general property fire, hazard and casualty insurance appropriate for County's improvements on County's Property, and in such amounts to cause the replacement/restoration of the Property (excluding Global Tower's improvements and personal property) in the event of casualty. However, County is under no duty to insure or protect any other entities equipment or improvements damaged by storm, hurricane, lightning, flood or other weather events and acts of God. 14. INTERFERENCE. During the term of this License, County, its successors and assigns, will not grant any ground lease, license, or easement with respect to any property adjacent to the Premises: (a) for any of the uses contemplated in paragraph 5 herein; or (b) if such License, license, or easement would detrimentally impact Global Tower's communications facilities, or the use thereof. County shall not cause or permit the construction of radio or communications towers on the Premises or on any other property of County adjacent or contiguous to or in the immediate vicinity of the Premises, except for towers constructed by Global Tower or towers and antennae constructed by the County or its agents for communicating with County employees for County business. County shall follow all applicable state and federal codes during the permitting and construction of any tower or antennae. 15. RIGHT OF FIRST REFUSAL. If during the term of this License, as might be renewed or extended the County shall have received a bona fide arm's length offer to purchase the Premises from any third party (the "Transferee"), the County shall serve a notice (the "Transfer Notice") upon Global Tower. The Transfer Notice shall set forth the exact terms of the offer so received, together with a copy of such offer, and shall state the desire of the County to sell the Premises on such terms and conditions. Thereafter, the Global Tower shall have the right and option to purchase the Premises at the price and upon the terms and conditions specified in the offer (the "Offer"). If the Global Tower desires to exercise its option, it shall give notice (the "Counter Notice") to that effect to the County within thirty (30) days after receipt of the Transfer Notice. The closing of the purchase and sale of the Premises pursuant to this option shall occur at the time set forth in the Offer, provided that Global Tower shall not be required to close before the 15th day following the date of the Counter Notice. The Global Tower's failure to give a timely Counter Notice (or its notice of refusal to purchase) shall be deemed a waiver of its rights to exercise its right of first refusal to accept the Offer but shall not be deemed a waiver of its right of first refusal with respect to any modification to the Offer or any future Offers. 16. SECURITY. The parties recognize and agree that Global Tower shall have the right to safeguard and protect its improvements located upon or within the Premises. Consequently, Global Tower may elect, at its expense, to construct such enclosures and/or fences as Global Tower reasonably determines to be necessary to secure its improvements, including the tower(s), building(s), guy anchors, and related improvements situated upon the Premises subject to prior approval and permitting by the County,. Global Tower may also undertake any other appropriate means to restrict access to its communications towers, buildings, guy anchors, guy wires, and related improvements subject to prior approval and permitting by the County,. 7