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2014/04/23 Council Agenda Packet
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2014/04/23 Council Agenda Packet
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Council Agenda Packet
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4/23/2014
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, 1 7 <br /> 9.ASSIGNMENTS AND SUBLETTING: Without the prior written consent of Lessor, <br /> which shall not be unreasonably withheld or delayed, Lessee shall not assign or sublet <br /> this Lease or any interest therein, or grant a security interest in any buildings or <br /> Monopoles on the Watertank Sites, and no heir, executor, administrator, receiver, master, <br /> sheriff, or other assignee by operation of law shall assign or sublet without such written <br /> consent, which consent shall not be reasonably withheld or delayed. Assignments arising <br /> via mergers, consolidations, stock sales, partnership interest sales, liquidations, <br /> dissolutions, etc. are not exempt from the requirement of obtaining Lessor's prior written <br /> consent,which consent shall not be unreasonably withheld or delayed. <br /> Lessee shall be permitted to license or grant a similar right of use or occupancy in the <br /> Watertank Sites to a third party for the purpose of providing communication services <br /> from the Watertanks Sites in accordance with the terms and conditions of Section 3 of <br /> this Lease. <br /> 6. Section 13 COMPLIANCE WITH LAW: of the Lease is hereby supplemented <br /> with the following additional language: <br /> Governmental Approvals. After receipt of written approval by the Lessor <br /> pursuant to Section 3 of the Lease, Lessor will execute, if requested by Lessee, at <br /> Lessee's sole cost and expense, all documents required by any governmental <br /> authority in connection with any development of, or construction on, the <br /> Watertank Sites, including documents necessary to petition the appropriate public <br /> bodies for certificates, permits, licenses and other approvals deemed necessary by <br /> Lessee in Lessee's absolute discretion to utilize the Watertank Sites for the <br /> purpose of constructing, maintaining and operating communications facilities, <br /> including without limitation, tower structures, antenna support structures, <br /> cabinets, meter boards, buildings, antennas, cables, equipment and uses incidental <br /> thereto. Lessor shall be entitled to no further consideration with respect to <br /> executing any of the foregoing governmental approvals. <br /> 7. Section 19 TERMINATION: subsection B. of the Lease is hereby deleted in its <br /> entirety and the following inserted in its place: <br /> B. Notwithstanding anything contained herein to the contrary and without <br /> waiving any other rights granted to it at law or in equity, this Lease may be <br /> terminated by either party for any reason, as to one or all of the Watertank Sites, <br /> with or without cause, provided that the terminating party has delivered written <br /> notice of termination to the other party not less than twelve (12) months prior to <br /> the termination date. <br /> 8. Consideration. Lessee will pay to Lessor a one-time amount of Thirty Thousand <br /> and 00/100 Dollars ($30,000.00) for the full execution of this Second Addendum (the "Signing <br /> Bonus"). Lessee will also pay to Lessor a one-time amount Sixty-Six Thousand and 00/100 <br /> Site Names: 5 <br /> Everett Mall-Burley;Everett Monopole;Everett Water Tank <br /> Business Unit#s: <br /> 823966;823967;823968 10 4 <br />
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