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Agenda - 09-05-2013 - 6b
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Agenda - 09-05-2013 - 6b
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Last modified
6/11/2015 10:07:22 AM
Creation date
8/30/2013 12:02:00 PM
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BOCC
Date
9/5/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7b
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Minutes 09-05-2013
(Message)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
S Lease Agreement between Orange County and American Towers LLC
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
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Site Name: Phelps NC <br />Site Number: 280138 <br />15 <br />in violation of any Environmental Laws and arising solely as the result of American Tower's <br />activities after the execution of this Agreement. <br />15. Right of First Refusal; Sale of Property. <br />(a) During the Term, prior to selling the Site or any portion of or interest in the Property or <br />the Site, including but not limited to a leasehold interest or easement, or otherwise transfer Landlord's <br />interest in Rent, and prior to assigning the Rent or any portion of Rent to a third party, Landlord shall <br />notify American Tower in writing of the sale price and terms offered by a third party (the "Offer "), <br />together with a copy of the Offer. American Tower will have the right of first refusal to purchase the real <br />property interest or Rent or portion of Rent being sold by Landlord to such third party on the same <br />financial terms of the Offer. American Tower will exercise its right of first refusal within 30 days of <br />receipt of Landlord's notice and if American Tower does not provide notice within 30 days, American <br />Tower will be deemed to have not exercised its right of first refusal. If American Tower does not exercise <br />its right of first refusal, paragraph 15(b) of this Agreement will control the terms of the sale. <br />(b) Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale <br />is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of <br />Landlord's full interest in this Agreement the purchaser must agree to perform, without requiring <br />compensation from American Tower or any Collocator, any obligation of the Landlord under this <br />Agreement, including Landlord's obligation to cooperate with American Tower as provided hereunder, <br />which obligation Landlord would no longer have the legal right or ability to perform following the sale <br />without requiring compensation from American Tower or any Collocator to be paid to such purchaser. <br />(c) In the event that American Tower sells or otherwise transfers the Tower or Tower <br />Facilities or any portion of or interest in the Tower or Tower Facilities, American Tower shall ensure that <br />the transfer is subject to any existing agreements with Collocators. <br />(d) Should American Tower at any time during the Term abandon the Tower and/or Tower <br />Facilities fee simple ownership of the Tower and Tower Facilities shall vest in Landlord. Upon such <br />vesting Landlord may declare this Agreement and any appurtenant legal documents void. Abandonment <br />shall be defined as the occurrence of any of the following: <br />(i) Actual notice from American Tower to Landlord that American Tower will <br />abandon the Tower or Tower Facilities on a date certain. <br />(ii) American Tower, its agents, and employees cease maintenance of the Compound <br />and maintenance and operations of the Tower and Tower Facilities for a period <br />of twelve (12) consecutive months. <br />(iii) American Tower fails to make Rent payments for twelve (12) consecutive <br />months. <br />16. Assignment. <br />(a) Any sublease, license or assignment of this Agreement that is entered into by Landlord or <br />American Tower is subject to the provisions of this Agreement. <br />(b) Landlord may assign this Agreement in its entirety to any third party in conjunction with <br />a sale of the Property in accordance with Paragraph 15 of this Agreement. Landlord will not otherwise <br />assign less than Landlord's full interest in this Agreement without the prior written consent of American <br />Tower. <br />{SK011162.DOCX 2 110 <br />
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