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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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24. LIENS: Lessee shall keep the Site free and clear of any liens and encumbrances <br />arising or growing out of the use and occupancy of said Site by Lessee. At the Lessor's request, <br />Lessee shall furnish the Lessor with written proof of payment of any item which would or might <br />constitute the basis for such a lien on the Site if not paid. <br />25. PLACE OF PAYMENT: All rental payments and all other payments payable to <br />Lessor hereunder shall be designated as payments in connection with an antenna site lease and <br />shall be paid to Lessor at City of Everett, 2930 Wetmore Avenue, Everett, Washington <br />98201, Attn: City Treasurer, unless and until Lessor designates some other party or address to <br />receive said payments. <br />Written notices shall be delivered personally or deposited in the United States Post <br />Office, properly addressed as aforesaid, postage fully prepaid, for delivery by registered mail. <br />26. RF COMPLIANCE: Lessee agrees to comply with all Federal Communications <br />Commission ("FCC") rules. Prior to commencement of Lessee's operations and at all other <br />times that Lessor may reasonably request, Lessee shall furnish Lessor with a radio frequency <br />("RF") site analysis that evaluates the simultaneous operation of all transmitters at the Site and <br />compares the radiated power density in all accessible areas with the FCC maximum permissible <br />exposure ("MPE") limits for workers and the general public. The power density within all <br />accessible areas of the Site must not exceed the FCC specified MPE limits. If mitigation is <br />required to bring Site into compliance at any time during the Lease, and so long as Lessor's <br />operations are in compliance with all FCC rules, such mitigation measures shall be the sole <br />responsibility of Lessee. <br />27. INSPECTION AND RIGHT -OF -ENTRY: Lessor and its agents shall have the <br />right, but not the duty, to inspect the Site at any time to determine whether Lessee is complying <br />with the terms of this Lease. This inspection shall include the right to take samples of soil, air <br />and water on the Site. <br />28. TERMS SURVIVING TERNIINATION OF LEASE: The obligations imposed <br />on Lessor and Lessee and all provisions of this Lease which may reasonably be interpreted or <br />construed as surviving the completion or cancellation of the Lease, shall survive the completion, <br />termination or cancellation of this Lease. <br />29. SUBORDINATION: The use of the Site by Lessee, any heirs, devisees, <br />transferees, sublessees or assignees of Lessee shall be subordinate to that of the Lessor <br />notwithstanding any other 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 <br />and be binding upon Lessee and its successors and assigns, and shall inure to the benefit of and <br />be binding upon the successors and assigns of Lessor. <br />Page 15 of 22 <br />
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