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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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3. RENT; RENT ESCALATOR; RENT DELIVERY ADDRESS; ADMINISTRATIVE <br /> FEE; AND LATE FEE. <br /> a. RENT. Beginning on the Commencement Date, Lessee shall pay Lessor rent for the <br /> Premises in the amount of THREE THOUSAND THREE HUNDRED and 00/100 <br /> Dollars ($3,300.00) per month ("Rent"). The first Rent payment shall be made within <br /> twenty (20) business days of the Commencement Date, with each subsequent Rent <br /> payment due and owing on or before the fifth (5th) calendar day of each month, in <br /> advance, without any prior demand, setoff, deduction or counterclaim for any reason. <br /> Rent shall not include electricity. Lessee shall have a separate meter to measure <br /> Lessee's electric consumption and Lessee shall pay directly to the public utility <br /> company for any electricity used by Lessee's Equipment. <br /> b. RENT ESCALATOR. Rent shall increase on each annual anniversary of the <br /> Commencement Date during the Term by an amount equal to three and half precent <br /> (3.5%) of the Rent in effect for the previous year. <br /> c. RENT DELIVERY ADDRESS.Notwithstanding Section 26(Notices), Rent payments <br /> shall be delivered Lessor at City of Everett, 2930 Wetmore Avenue, Everett, <br /> Washington 98201, Attn: City Clerk. Lessor may change the delivery address and the <br /> addressee upon thirty (30) day prior written notice to Lessee. <br /> d. ADMINISTRATIVE FEE. In consideration for Lessor's grant of this Lease, Lessee <br /> agrees to pay to Lessor a one-time payment in the amount of Sixteen Thousand Fifty- <br /> Nine Dollars and 82/100 ($16,059.82), which is not considered Rent or any offset to <br /> any monies that may be due to Lessor, within ninety (90) days of Lessee's receipt of <br /> Lessor's fully executed copy of this Lease. <br /> e. LATE FEE AND INTEREST. If Lessee fails to timely pay any installment of Rent or <br /> any other amounts payable under this Lease, all such amount due and owing will be <br /> subject to a late charge equal to five percent(5%) ("Late Fee"). Any Rent and all other <br /> amounts payable to Lessor under this Lease will bear interest at the greater of(i) ten <br /> percent (10%)per annum or(ii) the highest rate permitted by Applicable Law. <br /> 4. LESSEE'S PERMITTED USE. Lessee may use the Premises for the purpose of the <br /> installation, use, operation, modification, repair, maintenance, management, and removal of a <br /> telecommunications facility(including,without limitation,equipment designed to transmit and <br /> receive radio frequency signals) (collectively, "Lessee's Equipment"), which shall include <br /> the right to replace, repair, add, or otherwise modify any or all of Lessee's Equipment and the. <br /> frequencies over which Lessee's Equipment operates ("Lessee's Permitted Use"). Lessee <br /> shall have the right to remove any or all of Lessee's Equipment from the Premises at any time <br /> during the Term. Lessor acknowledges that Lessee shall have the right to install radio <br /> frequency signs and barricades at the Site as may be required by applicable law; provided, <br /> however, that Lessee may not install barricades outside of the Premises without prior written <br /> notice to Lessor. Lessee shall use commercially reasonable efforts to install any required <br /> Ar,s- <br />
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