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HomeMy Public PortalAbout2006.09.01 Assignment & Assumption of Tower Lease (E-Da-Hoe to Plum TV)ASSIGNMENT AND ASSUMPTION OF TOWER LEASE E-Da-Hoe, Inc. as Lessee under that certain Tower Lease Agreement dated as of September 1, 2006, wherein the City of McCall, Idaho, is Lessor (the "Lease"), for valuable consideration, the receipt of which is hereby acknowledged, does hereby assign and transfer on the Effective Date (as defined below) all of its right, title and interest in and to such Lease and all property affected thereby to Plum TV, LLC, which on the Effective Date hereby assumes and agrees to perform all obligations of Lessee in such Lease. The property affected by said Lease is located in the City of McCall, State of Idaho, and is further described as the Old McCall City Water Tower behind 504 Lenora Street, at the 63 foot level. E-Da-Hoe, Inc. warrants that as of the Effective Date all payments under said Lease are current and that they are not in default under said Lease. Plum TV, LLC acknowledges that it has inspected the property which is the subject matter of the Lease and accepts all said property in its "as is" condition without any warranty or representation. By this Assignment and Assumption, on the Effective Date Plum TV, LLC agrees to indemnify and hold E-Da-Hoe, Inc. harmless from any claims, obligations, liabilities and expenses arising under said Lease after the Effective Date. This Assignment and Assumption may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original but all of which when taken together shall constitute but one and the same agreement. As used herein Effective Date shall mean the Closing Date as defined in the ASSIGNMENT AND ASSUMPTION OF LEASE - I 30188.013 Agreement For Purchase and Sale of Assets between E-Da-Hoe, Inc. and Plum TV, LLC, dated October 13, 2006. DATED as of the 5- day of November, 2006. E-Da-Hoe, Inc., an Idaho corporation By: &isti Name: ebnf<Skom, Title: OA it Plum TV, LLC, a Delaware limited liability company By: Name: Title: ASSIGNMENT AND ASSUMPTION OF LEASE - 2 30188-013 CONSENT OF LANDLORD The City of McCall, Idaho, Lessor under the Lease, does hereby consent to the foregoing assignment of said Lease. DATED as of the ato day of Apra t 2007. City of McCall, Idaho By: Name: tith ( tam A Fob-e ri-So h Title: Rei (1 o c ASSIGNMENT AND ASSUMPTION OF LEASE - 3 30188.013