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2008-362A
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2008-362A
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Last modified
2/6/2026 1:46:08 PM
Creation date
10/1/2015 1:05:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/04/2008
Control Number
2008-362A
Agenda Item Number
13.D
Entity Name
Global Tower Assets. LLC
Subject
License Agreement Communication Tower
Area
Hobart Park
Supplemental fields
SmeadsoftID
8057
Document Relationships
2017-197
(Cover Page)
Path:
\Official Documents\2010's\2017
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GTP Site ID: FL -5586 <br />GTP Site Name: Vero Beach <br />17. FORCE MAJEURE. The time for performance by County or Global Tower of any term, provision, or <br />covenant of this Agreement shall be deemed extended by time lost due to delays resulting from acts of God, <br />strikes, civil riots, floods, material or labor restrictions by governmental authority, and any other cause not <br />within the control of County or Global Tower, as the case may be. <br />18. DEFAULT. The failure of Global Tower or County to perform any of the covenants of this Agreement <br />shall 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 />19. REMEDIES. Should the defaulting party fail to cure a default under this Agreement, 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 Global Tower, it shall continue to honor all <br />sublicense commitments made by Global Tower through the expiration of the term of any such commitment, it <br />being intended hereby that each such commitment shall survive the early termination of this License. <br />20. ATTORNEY'S FEES. If there is any legal proceeding between County or Global Tower arising from or <br />based on this Agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party <br />all reasonable costs and expenses, including reasonable attorney's fees and disbursements, incurred by such <br />prevailing party in such action or proceeding and in any appeal in connection therewith. If such prevailing <br />party recovers a judgment in any such action, proceeding or appeal, such reasonable costs, expenses and <br />attorney's fees and disbursements shall be included in and as a part of such judgment. <br />21. 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 Global <br />Tower, <br />22. LENDER'S CONTINUATION RIGHTS. County agrees to recognize the leases/licenses of all sub - <br />licensees and will permit each of them to remain in occupancy of its premises notwithstanding any default <br />hereunder by Global Tower so long as each such respective sub -licensee is not in default under the lease license <br />covering its premises. County agrees to execute such documents as any such sub -licensee might reasonably <br />require, including customary subordination, non -disturbance and attornment agreements and/or County <br />recognition agreements, to further memorialize the foregoing, and further agrees to use reasonable efforts to <br />also cause its lenders to similarly acknowledge, in writing, sub -licensee's right to continue to occupy its <br />premises as provided above. <br />County consents to the granting by Global Tower of a lien and security interest in Global Tower's <br />interest in the License and all of Global Tower's personal property and fixtures attached to the real property <br />described herein, and furthermore consents to the exercise by Global Tower's mortgagee of its rights of <br />foreclosure with respect to its lien and security interest. County agrees to recognize Global Tower's Lender (as <br />hereinafter defined) as Global Tower hereunder upon any such exercise by Lender of its rights of foreclosure. <br />
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