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DISH Wireless L.L.C. 12/11/2023
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DISH Wireless L.L.C. 12/11/2023
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Last modified
12/22/2023 3:11:18 PM
Creation date
12/22/2023 3:09:45 PM
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Contracts
Contractor's Name
DISH Wireless L.L.C.
Approval Date
12/11/2023
Council Approval Date
11/29/2023
End Date
12/11/2033
Department
Real Property
Department Project Manager
Darcie Byrd
Subject / Project Title
Communications Site Lease Agreement
Tracking Number
0004102
Total Compensation
$464,563.00
Contract Type
Agreement
Contract Subtype
Other Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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Lessee site number: SESEA00377C <br /> c. by Lessee on thirty (30) days prior written notice to Lessor for (i) changes in Applicable <br /> Law which expressly prohibit Lessee's ability to operate Lessee's Equipment at the <br /> Premises or (ii) Lessor installs any structure, equipment or other items which blocks or <br /> otherwise causes harmful interference with any transmission or reception by Lessee's <br /> Equipment. Lessee will not be required to pay an Early Termination Fee pursuant to <br /> Section 20(b) if Lessee elects to terminate this Lease under this Section 20(c). <br /> 21. REMOVAL AND RESTORATION. <br /> a. Lessee's right to possess and use the Premises shall automatically terminate upon the <br /> earlier of the natural expiration or the earlier termination of this Lease. <br /> b. Within sixty (60) days following the expiration or earlier termination of this Lease (the <br /> "Equipment Removal Period"), in accordance with the terms of this Lease, Lessee, at its <br /> sole cost and expense, will: (i) remove all of Lessee's Equipment and other personal <br /> property; (ii)repair any damage to the Property and Premises caused by such removal; and <br /> (iii) surrender the Premises to Lessee in the condition that existed immediately prior to <br /> Lessee's initial installation together with any additions alteration and improvements to the <br /> Premises, reasonable wear and tear excepted. Restoration shall include, but shall not be <br /> limited to, removal of antennas, removal of lines and equipment, and removal of rubble <br /> and debris resulting from the removal of Lessee's Equipment and improvements. Lessee <br /> shall pay Rent at the then-current rate during the Equipment Removal Period. The <br /> provisions set forth in this Section shall survive the expiration or termination of this Lease. <br /> 22. HOLDOVER: If Lessee fails to comply with any its obligations set forth in Section 21 <br /> (Removal and Restoration) and Section 48 (Recording) of this Lease prior to the expiration of <br /> the Equipment Removal Period without Lessor's prior written consent(which consent may be <br /> withheld by Lessor for any or no reason) ("Holdover"), Lessee's tenancy shall be on a month- <br /> to-month basis,terminable by either Party on thirty(30)days' written notice to the other Party. <br /> During Holdover, Lessee will be responsible for payment of holdover Rent equal to one <br /> hundred and fifty percent (150%) of the Rent in effect immediately prior to Holdover <br /> ("Holdover Rent"). All other terms and provisions of this Lease not in conflict with this <br /> Section shall be applicable during Holdover, including but not limited to, annual rent increases <br /> and tax payments. <br /> 23. CONDEMNATION: In the event Lessor receives legal notification of any condemnation <br /> proceedings affecting the Premises, Lessor will provide written notice of the proceeding to <br /> Lessee. If the condemning authority takes all of the Property,or a portion sufficient in Lessee's <br /> reasonable determination to render the entire Premises unusable for Lessee's Equipment, this <br /> Lease will be terminated as of the date the title vests in the condemning authority as if this <br /> Lease naturally expired with no remaining terms or right of Holdover. The Parties will each be <br /> entitled to make their own condemnation claims in connection with their interests in the <br /> Property. If the condemning authority takes a portion of the Premises but the Premises remains <br /> usable for Lessee's Equipment in Lessee's reasonable determination, the monthly Rent <br /> required to be paid by Lessee to Lessor shall remain unaffected. <br /> Page 13 of 30 <br />
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