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2020/09/23 Council Agenda Packet
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2020/09/23 Council Agenda Packet
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Council Agenda Packet
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9/23/2020
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20. RIGHT OF RE-ENTRY: In. the event of any termination, delinquency or default, <br />Lessor reserves the right to re-enter all areas of the property anytime during this Lease without <br />extinguishing the Lessee's obligation to pay rent for the balance of any Term. <br />21. NOTICES: All notices hereunder may be delivered, sent by nationally <br />recognized, overnight delivery service or mailed. Any notice shall be deemed given on a) the <br />date personally delivered to the other parry and a signed receipt obtained; or b) three days after <br />deposit, postage prepaid in any United States Postal Service branch or official depository; <br />whichever shall occur earliest. If mailed, they shall be sent by CERTIFIED or REGISTERED <br />MAIL to the following respective addresses. <br />To Lessor: <br />The City of Everett <br />c/o City Clerk <br />City Hall <br />2930 Wetmore Avenue <br />Everett, WA 98201 <br />To Lessee: <br />RCA Telecom LLC <br />233 S. Wacker Drive #4300 <br />Chicago, IL 60606 <br />Attn: General Counsel <br />City Attorney <br />City Hall <br />2930 Wetmore Avenue <br />Everett, WA 98201 <br />Real Property Manager <br />3200 Cedar Street <br />Everett, WA 98201 <br />Copy to: <br />22. HOLDOVER: If Lessee shall hold over after the expiration of the initial Term of <br />this Lease or after the First or Second Option Term of this Lease, such tenancy shall be from <br />month to month only and upon all the terms, covenants and conditions hereof. Acceptance by <br />Lessor of rent after such expiration or early termination shall not result in a renewal of this Lease <br />nor affect Lessor's right of re-entry or any rights of Lessor herein or as otherwise provided by law <br />or equity. If Lessee fails to surrender the Site upon the expiration of this Lease despite demand <br />to do so by Lessor, Lessee shall pay two (2) times the rent herein specified (prorated on a <br />monthly basis), interest, Lessor's attorney's fees and costs and shall indemnify and hold Lessor <br />harmless from all loss or liability including, but not limited to, any claim made by any <br />succeeding Lessee founded on or resulting from such failure to surrender. Further, Lessee shall <br />pay monthly rent during the holdover in the amount required immediately prior to the expiration, <br />increased by two times the rent herein specified. <br />23. WAIVERS: The waiver by the Lessor of any breach of any term, covenant, or <br />condition herein contained shall not be deemed to be a waiver of such term, covenant, or any <br />subsequent breach of the same or any other term, covenant, or condition herein contained. The <br />subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any <br />preceding breach by Lessee of any term, covenant, or condition of this Lease, other than the <br />failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of <br />such preceding breach at the time of acceptance of such rent. <br />Page 14 of 22 <br />
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