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RCA Telecom LLC 9/28/2020
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RCA Telecom LLC 9/28/2020
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Entry Properties
Last modified
10/7/2020 11:18:08 AM
Creation date
10/7/2020 11:17:29 AM
Metadata
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Contracts
Contractor's Name
RCA Telecom LLC
Approval Date
9/28/2020
Council Approval Date
9/23/2020
Department
Facilities
Department Project Manager
Darcie Byrd
Subject / Project Title
Communications Antenna Site Lease
Tracking Number
0002443
Total Compensation
$7,200.00
Contract Type
Agreement
Contract Subtype
Lease
Retention Period
6 Years Then Destroy
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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 TERMINATION 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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