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RCA Telecom LLC 8/28/2020
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RCA Telecom LLC 8/28/2020
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Entry Properties
Last modified
10/1/2021 9:34:49 AM
Creation date
9/21/2020 9:45:34 AM
Metadata
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Template:
Contracts
Contractor's Name
RCA Telecom LLC
Approval Date
8/28/2020
Council Approval Date
8/12/2020
Department
Facilities
Department Project Manager
Darcie Byrd
Subject / Project Title
Communications Antenna Site Lease Rucker Hill
Tracking Number
0002412
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Lease
Retention Period
6 Years Then Destroy
Document Relationships
RCA Telecom LLC 9/29/2021 Amendment 1
(Contract)
Path:
\Records\City Clerk\Contracts\6 Years Then Destroy\2022
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completion or cancellation of the Lease, shall survive the completion,termination or cancellation of this <br /> Lease. <br /> 29. SUBORDINATION: The use of the Site by Lessee, any heirs, devisees, transferees, <br /> sublessees or assignees of Lessee shall be subordinate to that of the Lessor notwithstanding any other <br /> language set forth in this Lease. <br /> Nothing herein shall be construed to limit or restrict Lessor's use and access to the Site. <br /> 30. BENEFITS TO INURE: The provision of this Lease shall inure to the benefit of and be <br /> binding upon Lessee and its successors and assigns, and shall inure to the benefit of and be binding upon <br /> the successors and assigns of Lessor. <br /> 31. PROVISION UNENFORCEABLE: If any term or provision of this Lease or the application <br /> thereof to any person or circumstance shall,to any extent, be invalid or unenforceable,the remainder of <br /> this Lease or the application of such terms or provisions to persons or circumstances other than those as <br /> to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force <br /> and effect. <br /> 32. DISPLAY OF SIGNS:The display of any political signs within or on the Site is prohibited. <br /> Further, no signage shall be displayed within or on the Site without prior written approval from the City. <br /> 33. SEVERABILITY: Unless otherwise provided,or unless the context shall otherwise require, <br /> words importing the singular number shall include the plural number,words importing the masculine shall <br /> include the feminine gender,and vice versa. <br /> 34. ENTIRE AGREEMENT: This Lease represents the entire agreement between the parties <br /> and supersedes all other agreements and representations made prior hereto. No amendment hereof shall <br /> be binding on either party unless and until approved in writing by both parties. <br /> 35. GOVERNING LAW AND VENUE:This Lease shall be governed and construed in accordance <br /> with the laws of the State of Washington and venue shall be in Snohomish County,Washington. <br /> 36. NO PRESUMPTION AGAINST DRAFTER: Lessor and Lessee understand, agree and <br /> acknowledge that this Lease has been freely negotiated by both parties and that, in the event of any <br /> controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Lease or <br /> any of its terms or conditions, there shall be no inference, presumption or conclusion drawn whatsoever <br /> against either party by virtue of that party having drafted this Lease or any portion thereof. <br /> 37. CUMULATIVE REMEDIES:No provision of this Lease shall preclude Lessor from pursuing any <br /> other remedies, in law or equity,for Lessee's failure to perform its obligations. <br /> 38. CAPTIONS:The captions in this Lease are for convenience only and do not in any way limit <br /> or amplify the provisions of the Lease. <br /> 39. AUTHORITY TO CONTRACT: Each party represents and warrants to the other that: it has <br /> full right, power and authority to execute this Lease and has the power to grant all rights hereunder, its <br /> execution and performance of this Lease will not violate any laws, ordinances,covenants or the provisions <br /> Page 14 of 16 <br />
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