My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2012 08 20
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2012
>
AG 2012 08 20
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/21/2012 1:00:56 PM
Creation date
11/27/2017 11:10:58 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/20/2012
Board
Board of Commissioners
Meeting Type
Regular
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
168
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
(b) In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, <br />Landlord or its successor will send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such <br />documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to <br />hold payments due under this Agreement. <br />i. Old deed to Property <br />ii. New deed to Property <br />iii. Bill of Sale or Transfer <br />iv. Copy of current Tax Bill <br />V. New IRS Form W -9 <br />vi. Completed and Signed AT &T Payment Direction Form <br />vii. Full contact information for new Landlord including all phone number(s) <br />18. Destruction or Condemnation. If the Property, Premises or Tenant Facilities are damaged, destroyed, condemned or <br />transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, <br />condemnation or transfer in lieu of condemnation by giving notice to County no more than forty -five (45) days following the <br />date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this <br />Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises, at the <br />County's sole discretion. <br />19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within <br />forty -eight (48) hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by <br />casualty or other harm as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this <br />Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other <br />harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof <br />and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary <br />transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement <br />transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be <br />governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or <br />restore the Premises and /or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary <br />transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and /or the <br />Communication Facility is completed. If Landlord determines not to rebuild or restore the Premises, Landlord will notify <br />Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant, <br />then Landlord will promptly rebuild or restore the Premises to substantially the same condition as existed before the casualty or <br />other harm. Landlord agrees that the Rent shall be abated until the Premises are rebuilt or restored, unless Tenant places <br />temporary transmission and reception facilities on the Property. <br />20. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, <br />concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property <br />for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; <br />Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole <br />discretion and without Landlord's consent. <br />21. TAXES. Landlord shall be responsible for payment of all ad valorem taxes levied upon the lands, improvements and <br />other property of Landlord. Tenant shall be responsible for all taxes levied upon Tenant's leasehold improvements (including <br />Tenant's equipment building and tower) on the Premises. Landlord shall provide Tenant with copies of all assessment notices <br />on or including the Premises immediately upon receipt, along with sufficient written documentation detailing any assessment <br />increases attributable to the leasehold improvements, but in no event later than thirty (30) days after receipt by Landlord. If <br />Landlord fails to provide such notice within such time frame, Landlord shall be responsible for all increases in taxes for the <br />year covered by the assessment, and all subsequent years to the extent (a) Landlord continues to fail in providing notice, or (b) <br />Tenant is precluded from challenging such assessment with the appropriate government authorities. Tenant shall have the right <br />to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such appellate or <br />other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under <br />protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, <br />regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord <br />shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefor. <br />The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action <br />shall belong to Tenant. <br />F -2 Page 82 <br />
The URL can be used to link to this page
Your browser does not support the video tag.