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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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Entry Properties
Last modified
12/22/2023 3:11:18 PM
Creation date
12/22/2023 3:09:45 PM
Metadata
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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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construed to limit or restrict Lessor's use and access to the Site. This Lease shall be subordinate <br /> to any mortgage, deed of trust, or other security agreement (each a "Mortgage") by Lessor <br /> which, from time to time, may encumber all or part of the Site; provided, however, the lender <br /> under every such Mortgage shall, in the event of a foreclosure of Lessor's interest, recognize <br /> the validity of this Lease and Lessee's right to remain in occupancy of and have access to the <br /> Premises, as long as no default by Lessee exists under this Lease. If the Site is encumbered by <br /> a Mortgage, then Lessor shall use commercially reasonable efforts, promptly following <br /> Lessee's request, to assist Lessee with obtaining a non-disturbance agreement in recordable <br /> form for each such Mortgage. <br /> 35. DISPLAY OF SIGNS: The display of any political signs within or on the Site is prohibited. <br /> Further, except for signage required by Applicable Law, no signage shall be displayed within <br /> or on the Site without prior written approval from the Lessor, which approval may be withheld <br /> at Lessor's sole discretion. <br /> 36. SEVERABILITY: Each provision of this Lease shall be construed as separable and divisible <br /> from every other provision and the enforceability of any one provision shall not limit the <br /> enforceability, in whole or in part, of any other provision. If any term or provision of this Lease <br /> or the application thereof to any person or circumstance shall, to any extent, be invalid or <br /> unenforceable, the remainder of this Lease or the application of such terms or provisions to <br /> persons or circumstances other than those as to which it is held invalid or unenforceable shall <br /> not be affected thereby and shall continue in full force and effect. <br /> 37. ENTIRE LEASE: This Lease sets forth the entire, final and complete understanding between <br /> the Parties hereto regarding the subject matter of this Lease, and it supersedes and replaces all <br /> previous understandings or agreements, written, oral, or implied, regarding the subject matter <br /> of this Lease made or existing before the date of this Lease. No waiver, amendment, or <br /> modification of any of the terms or conditions of this Lease shall be effective unless in writing <br /> and signed by both Parties. Any provision of this Lease that logically would be expected to <br /> survive termination or expiration, shall survive for a reasonable time period under the <br /> circumstances, whether or not specifically provided in this Lease. <br /> 38. GOVERNING LAW AND VENUE: This Lease shall be governed and construed in <br /> accordance with the laws of the State of Washington and venue shall be in the Superior Court <br /> of Snohomish County, Washington or the U.S. District Court for the Western District of <br /> Washington. <br /> 39. NO PRESUMPTION AGAINST DRAFTER: Lessor and Lessee understand, agree and <br /> acknowledge that this Lease has been freely negotiated by both parties and that, in the event of <br /> any controversy,dispute or contest over the meaning,interpretation,validity or enforceability of <br /> this Lease or any of its terms or conditions,there shall be no inference,presumption or conclusion <br /> drawn whatsoever against either party by virtue of that party having drafted this Lease or any <br /> portion thereof. <br /> 40. LESSOR AS A LANDOWNER. Lessor and Lessee agree that in granting this Lease, Lessor <br />
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