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I,essee site number: SESEA00377C <br /> CITY OF EVERETT DISH WIRELESS <br /> COMMUNICATIONS SITE LEASE <br /> THIS CITY OF EVERETT DISH WIRELESS COMMUNICATIONS SITE LEASE <br /> (this "Lease") made and effective as of the latter signature date below ("Effective Date"), by and <br /> between the CITY OF EVERETT,a municipal corporation of the State of Washington,hereinafter <br /> referred to as "Lessor", and DISH Wireless L.L.C., a Colorado limited liability company, <br /> hereinafter referred to as "Lessee". Lessor and Lessee may be referred to herein individually as a <br /> "Party" or collectively as the "Parties". <br /> WITNESSETH: <br /> WHEREAS, the Lessor is the owner of real property located at 2930 Wetmore Avenue, <br /> Everett,WA 98208 as more particularly described in Exhibit A, attached hereto and incorporated <br /> herein by this reference(the"Property"),upon which a certain structure is located on the Property <br /> and known as the Everett Municipal Building (the"Site"). <br /> WHEREAS,the Lessee desires to lease space on the Site in accordance with the provisions <br /> contained herein; <br /> NOW, THEREFORE, the Parties hereto do mutually agree as follows: <br /> 1. PREMISES. Subject to the terms and conditions in this Lease, Lessor leases to Lessee that <br /> certain space on the roof of the Site as follows: (a) space on the parapet wall of the Site for <br /> Lessee's antennas,associated communications equipment,mounting equipment,and screening <br /> (the "Antenna Space"); (b) a total of 35 square feet for Lessee's equipment cabinet and base <br /> station equipment (the "Equipment Space"); and (c) additional non-exclusive space for the <br /> installation, use, operation, addition, modification, repair, maintenance, and removal of wires, <br /> cables, conduits and pipes (the "Cabling Space") located between and among the Antenna <br /> Space,the Equipment Space, and the utility points of connection on the Property. The Antenna <br /> Space, Equipment Space, and Cabling Space are more particularly described and depicted in <br /> Exhibit B, attached hereto and incorporated herein by this reference, and hereinafter <br /> collectively referred to as the "Premises". By its execution hereof, Lessor expressly consents <br /> to the attached Exhibit B and the Premises as depicted thereon. <br /> 2. TERM: This Lease shall be effective as of the Effective Date. The initial term of this Lease <br /> shall be for ten (10) years commencing on the earlier of: (i) first (1st) day of the month <br /> following the commencement of Lessee's installation of its equipment or (ii) one hundred <br /> eighty (180) days after the Effective Date of this Lease (the "Commencement Date") and <br /> ending on the last day of the month that is one hundred twenty (120) months after the <br /> Commencement Date(the"Initial Term"). The Initial Term shall automatically renew for up <br /> to two (2) additional terms of five (5) years each (each, a "Renewal Term", and collectively <br /> with the Initial Term shall be referred to as the "Term"). Lessee may, in Lessee's sole and <br /> absolute discretion, elect not to renew this Lease at the end of the then-current Term by giving <br /> Lessor a written notice at least ninety(90)days prior to the expiration of the then-current Term. <br /> Page 1 of 30 nn{{-- <br />