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Seattle SMSA Limted Partnership dba Verizon 3/26/2020
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Seattle SMSA Limted Partnership dba Verizon 3/26/2020
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Last modified
4/13/2020 1:15:10 PM
Creation date
4/13/2020 1:13:48 PM
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Contracts
Contractor's Name
Seattle SMSA Limted Partnership dba Verizon
Approval Date
3/26/2020
Council Approval Date
3/4/2020
End Date
3/26/2025
Department
Facilities
Department Project Manager
Darcie Byrd
Subject / Project Title
Wireless Communications Master License
Tracking Number
0002268
Total Compensation
$4,000.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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6.2.3 Rent shall be delivered or mailed to the City Clerk. Rent may also be paid by <br /> electronic funds transfer. Rent payments must reference the site name and <br /> address, and Company's site ID#. <br /> 6.2.4 If this Agreement terminates or expires and Company continues to maintain <br /> Site Equipment on the City Poles without a new license with City, Company <br /> shall become a holdover tenant whose occupancy may be terminated upon <br /> thirty (30) days written notice. Company shall pay Rent on January 1st for all <br /> holdover Site License Addendums in the amount of one hundred fifty percent <br /> (150%) of the annual adjusted Rent. Upon expiration or termination of this <br /> Agreement, the parties may negotiate in good faith the terms of a successor <br /> agreement. <br /> 6.2.5 If any sums payable to City under this Agreement are not received by the City <br /> on or before the fifth(5th)day following its due date, Company agrees to pay a <br /> late fee of ten percent (10%) of the annual Rent for each Site License <br /> Addendums for which payment was not received. Where a check is returned <br /> to the City by a bank or other financial institution with the indication that the <br /> check cannot be honored, there shall be a fee assessed to Company based on <br /> the current statutory maximum allowed. City and Company agree that such <br /> charges represent a fair and reasonable estimate of the costs incurred by City <br /> by reason of late payments and uncollectible checks, and the failure by <br /> Company to pay any such charges by no later than thirty (30) days after <br /> Company's receipt of written demand therefore by City shall be a default under <br /> this Agreement. City's acceptance of less than the full amount of any payment <br /> due from Company shall not be deemed an accord and satisfaction, waiver, or <br /> compromise of such payment unless specifically agreed to in writing by City. <br /> 6.2.6 City hereby agrees to provide to Company certain documentation(the "Rental <br /> Documentation") evidencing City's interest in, and right to receive payments <br /> under, this Agreement, including a complete and fully executed Internal <br /> Revenue Service Form W-9, or equivalent, for any party to whom Rent <br /> payments are to be made pursuant to this Agreement. From time to time during <br /> the Term of this Agreement and within thirty (30) days of a written request <br /> from Company, City agrees to provide updated Rental Documentation in a <br /> form reasonably acceptable to Company. <br /> 6.3 On September 26, 2018, the Federal Communications Commission adopted a <br /> Declaratory Ruling and Third Report and Order in the Matter of Accelerating Wireless <br /> Broadband Deployment by Removing Barriers to Infrastructure Investment(the"FCC <br /> Order"). In the event that the FCC Order is vacated,overturned,or in any way modified <br /> to eliminate restrictions on the City's authority over Rent related to small wireless <br /> facilities, commencing on next rental due date pursuant to section 6.2.2 following the <br /> date the FCC Order is vacated, overturned, or modified, the Rent identified in section <br /> 6.2.1 shall be Eight Hundred Dollars and 00/100 Dollars ($800.00) ("Replacement <br /> Rent") for each Small Cell facility installed under each Site License Addendum. The <br /> Replacement Rent shall be in effect throughout the rest of the Initial Term and any <br /> Renewal Terms, as applicable. Upon any further change in the law, the parties agree <br /> to negotiate in good faith an amendment to this Agreement to reflect such change in <br /> 6 <br />
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