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Agenda - Council - 05/13/2014
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Agenda - Council - 05/13/2014
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Meetings
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Meeting Type
Council
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05/13/2014
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(d) We are also changing the address under the Lease where notices to Tenant should <br />be sent. All future notices sent in accordance with the terms of the Lease should be sent to Tenant at <br />SBA Monarch Towers II, LLC, 5900 Broken Sound Parkway NW, Boca Raton, FL 33487, Attention <br />Thomas P. Hunt, General Counsel, with a copy to Lender at an address to be provided to you by Tenant <br />in the future. <br />Also, we request that you agree, except to the extent the Lease grants greater rights or <br />protections to Tenant or Lender, that the following provisions shall apply with respect to the Lease: <br />(e) If Lender exercises any rights of Tenant under the Lease, including the right to <br />exercise any renewal option(s) or purchase option(s) set forth in the Lease, you agree to accept such <br />exercise of rights by Lender as if same had been exercised by Tenant, and Tenant, by signing below, <br />confirms its agreement with this provision. <br />(f) If there is a monetary default by Tenant under the Lease, you will accept the cure <br />thereof by Lender within fifteen (15) days after the expiration of any grace period provided to Tenant <br />under the Lease to cure such default, prior to terminating the Lease. If there is a non -monetary default by <br />Tenant under the Lease, Landlord will accept the cure thereof by Lender within thirty (30) days after the <br />expiration of any grace period provided to Tenant under the Lease to cure such default, prior to <br />terminating the Lease. <br />(h) If the Lease is terminated as result of a Tenant default or is rejected in any <br />bankruptcy proceeding, you will enter into a new lease with Lender or its designee on the same terms as <br />the Lease within 15 days of Lender's request made within 30 days of notice of such termination or <br />rejection, provided Lender pays all past due amounts under the Lease. However, this is not applicable to <br />normal expirations of the lease term. <br />This letter shall be binding on Landlord and Tenant and their respective successors and assigns <br />and shall inure to the benefit of Lender. Tenant shall have the right to record this letter and it shall serve <br />as a memorandum of the Lease. Tenant shall have the right to record this letter and this recorded letter <br />shall be deemed to provide notice of all of terms of the Lease. <br />Please indicate your agreement to the foregoing matters by countersigning this letter in the space <br />provided in the presence of two witnesses and a notary public and returning an original, countersigned, <br />witnessed and notarized copy of this letter to Tenant in the enclosed prepaid Federal Express envelope. <br />SBA Monarch Towers II, LLC appreciates your cooperation in this matter. If you have any <br />questions please telephone Marianne Harmatz at 1-800-487-7483, ext. 9593. <br />
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