FLORIDA FIBER NETWORKS, LLC ASSIGNMENT OF LEASE AGREEMENT #LEA TO OTI Fiber, LLC d/b/a Opticaltel WITNESSETH:

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1 FLORIDA FIBER NETWORKS, LLC ASSIGNMENT OF LEASE AGREEMENT #LEA TO OTI Fiber, LLC d/b/a Opticaltel THIS ASSIGNMENT OF LEASE is hereby entered into by and between CITY OF DUNNELLON, FLORIDA, whose address is: River Drive, Dunnellon, Florida (the City ), Florida Fiber Networks, LLC, whose address is 310 South Collins Street, Suite 105, Plant City, Florida ( Original Lessee ) and OTI Fiber, LLC d/b/a Opticaltel, a Florida limited liability company, whose address is SR 40, Astor, Florida ( New Lessee ). The City, the Original Lessee and the New Lessee are referred to collectively herein as the parties. WITNESSETH: WHEREAS, the City and Original Lessee entered into a Lease Agreement, dated September 15, 2015, (the Lease ), the Lease being Exhibit A hereto and incorporated herein by this reference; and WHEREAS, the Lease provides that the Original Lessee shall not assign the Lease without first securing the City s consent; and WHEREAS, the Original Lessee desires to assign its interest in the Lease to the New Lessee and the City has agreed to allow such assignment by means hereof. NOW, THEREFORE, in consideration of the sum of ten ($10.00) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. As of the date hereof all of the rights and benefits of the Original Lessee under the Lease are assigned to and shall inure to the benefit of New Lessee, and the New Lessee does hereby assume the obligations of the Original Lessee thereunder and agrees to abide by all of the terms and conditions of the Lease. Henceforth, all references to the Original Lessee in the Lease shall mean the New Lessee. SECTION 3. Notice and mailings to the New Lessee shall be given at: OTI Fiber, LLC SR 40 Astor, FL [SIGNATURES ON FOLLOWING PAGE] Page 1 of 2

2 ATTEST: DAWN M. BOWNE, MMC, City Clerk Interim City Manager Landlord: CITY OF DUNNELLON, FLORIDA WALTER GREEN, Mayor Date signed: Approved as to form and legal sufficiency: Andrew J. Hand, City Attorney Witnesses: Print name: Print name: Original Lessee: Florida Fiber Networks, LLC DAVID ORSHAN, Chief Operating Officer Date signed: Witnesses: Print name: Print name: New Lessee: OTI Fiber, LLC MARIO BUSTAMANTE, Manager Date signed: Page 2 of 2

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17 From: To: Cc: Subject: Date: Attachments: Luis Rodriguez Dawn Bowne Jan Smith; Mandy Roberts; Loretta Barton Re: Opticaltel - Assignment of Lease Friday, January 06, :48:31 PM image001.png Dawn, Everything looks fine, expect we would like to an extra week to provide the insurance certificate. In other words, if it is approved by the City on Monday, we will pay the rent by Friday, January 13th and the insurance certificate by Friday the 20th. We may be able to get it all done in a week. However, I like to be conservative and set the right expectations. Regards, Luis F. Rodriguez President & COO VIDEO INTERNET VOICE MAIN DIRECT FAX luis@opticaltel.com A Telecable Company From: Dawn Bowne <dbowne@dunnellon.org> Date: Friday, January 6, 2017 at 2:45 PM To: Luis Rodriguez <luis@opticaltel.com> Cc: Jan Smith <jsmith@dunnellon.org>, Mandy Roberts <mroberts@dunnellon.org>, Loretta Barton <LBarton@dunnellon.org> Subject: FW: Opticaltel - Assignment of Lease Luis: See the from our City Attorney below and the attached draft document that if approved would assign the lease from Florida Fiber to OTI Fiber, LLC. Please review and if this looks acceptable to you, I can place it on our agenda for Monday for Council s consideration. I need to know asap as we are scheduled to publish our agenda today before 5 p.m. This is what our attorney is recommending and hopefully our City Council will find it acceptable. We can address this with them on Monday. What I need to know is how quickly you think you can provide the rent payment and insurance documents meeting the terms of the lease agreement once our City Council has approved the document. Our attorney is recommending that the proposed motion for the Council to assign the lease contains deadlines associated with each of these and the approval of the assignment of the lease will be conditional upon the City receiving each. If the lease is assigned on Monday by the

18 Council, can you bring the rent payment(s) up to date by Friday, January 13 th? Can you then make sure we have the insurance certificate with all the conditions met no later than Friday, January 13 th? If you agree, I will use those dates and our Mayor will be authorized to sign the lease assignment once those two conditions have been met. Please advise asap. PS: I have attached Florida Fiber s insurance certificate that met the conditions of the agreement, if this helps. It took them quite a few attempts to get it right for some reason. I am hoping by you having this as an example it will expedite the process. Warmest Regards, Dawn M.Bowne Dawn M.Bowne City Clerk/Interim City Manager City of Dunnellon River Drive Dunnellon, FL ext 1002 dbowne@dunnellon.org Please Note: Florida has a very broad public records law. Written communication to or from city officials regarding city business is public record and open to inspection including names, addresses, and addresses. Therefore, your communication may be subject to public disclosure. From: Andrew Hand [mailto:ahand@shepardfirm.com] Sent: Friday, January 06, :10 AM To: Dawn Bowne <dbowne@dunnellon.org>; Jan Smith <jsmith@dunnellon.org> Subject: Opticaltel - Assignment of Lease Please find the document attached. Note that the original lease must be attached as Exhibit A. In addition, should Mr. Rodriguez wish to have anyone other than Mario Bustamante sign for Opticaltel (OTI Fiber), proof will need to be provided of that individual s authorization to bind the company to contracts. (Mr. Bustamonte is the only listed manager for OTI Fiber with the Div. of Corp. Best Regards,

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