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CC_Minutes_2013_0325
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Roseville City Council
Document Type
Council Minutes
Meeting Date
3/25/2013
Meeting Type
Regular
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Agreement to such third party or (ii) to grant to a third party by easement or other legal <br /> instrument an interest in and to that portion of the Tower and or Property occupied by LESSEE, <br /> or a larger portion thereof, for the purpose of operating and maintaining communications <br /> facilities or the management thereof, with or without an assignment of this Agreement to such <br /> third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or <br /> transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide <br /> offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or <br /> grant the easement or interest in the Property or portion thereof to such third person in <br /> accordance with the terms and conditions of such third party offer. For purposes of this <br /> Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the <br /> death of LESSOR, whether by will or intestate succession, or any conveyance to LESSOR's <br /> family members by direct conveyance or by conveyance to a trust for the benefit of family <br /> members shall not be considered a sale of the Property for which LESSEE has any right of first <br /> refusal. <br /> 19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) <br /> to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than <br /> LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and <br /> to that portion of the Tower and or Property occupied by LESSEE, or a larger portion thereof, for <br /> the purpose of operating and maintaining communications facilities or the management thereof, <br /> such sale or grant of an easement or interest therein shall be under and subject to this Agreement <br /> and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms <br /> of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal <br /> instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE <br /> for the purpose of operating and maintaining communications facilities or the management <br /> thereof and in conjunction therewith, assigns this Agreement to said third party, the new <br /> LESSOR shall not be released from its obligations to LESSEE under this Agreement, and <br /> LESSEE shall have the right to look to the new LESSOR and the third party for the full <br /> performance of this Agreement. <br /> 20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and <br /> performing the covenants herein, shall peaceably and quietly have,hold and enjoy the Premises_ <br /> 21. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of <br /> this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient <br /> title and interest to the Property and has full authority to enter into and execute this Agreement. <br /> LESSOR further covenants during the Term that there are no liens,judgments or impediments of <br /> title on the Property, or affecting LESSOR's title to the same and that there are no covenants, <br /> easements or restrictions which prevent or adversely affect the use or occupancy of the Premises <br /> by LESSEE as set forth above. <br /> 22. INTEGRATION. It is agreed and understood that this Agreement contains all <br /> agreements, promises and understandings between LESSOR and LESSEE and that no verbal or <br /> oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE <br /> in any dispute, controversy or proceeding at law, and any addition, variation or modification to <br /> this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a <br /> written acknowledgment in the case provided in Paragraph 3. In the event any provision of the <br /> MINC Rosey <br /> Tower Lease Agreement 9 <br /> 2201205v6 <br />
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