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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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9. ENGINEERING STANDARD AND PRACTICES: Lessor shall have supervision over all <br /> equipment located on the Site as expressly stated herein. Such supervision shall include: a) <br /> frequency coordination among Lessee and other lessees at the Site; b) equipment and <br /> engineering specifications for all installations at the Site; and c)establishment of standards and <br /> practices consistent with generally accepted principles and guidelines in the wireless <br /> communications industry, including those necessary for the avoidance or elimination of radio <br /> frequency interference Any interference caused by radio or television transmitting and/or <br /> receiving equipment among Lessor, Lessee and third parties shall be resolved pursuant to <br /> Section 10 (Interference). Engineering standards shall be the latest version of specifications as <br /> published by the Western Washington Cooperative Interference Committee, the current <br /> version of which is attached hereto as Exhibit C and incorporated herein by this reference. <br /> 10. INTERFERENCE: <br /> a. Lessee agrees that Lessee's Equipment, including reasonable and customary upgrades <br /> and/or replacements to such equipment as permitted herein, will not disturb or cause <br /> harmful interference with any equipment installed at the Property or the Site prior to the <br /> Effective Date (the "Pre-Existing Communication Equipment"). Human passage in <br /> front of Lessee's Equipment shall not constitute interference. <br /> b. Lessee agrees that in the event that Lessee's Equipment causes harmful interference with <br /> Pre-Existing Communication Equipment, Lessee will use commercially reasonable efforts <br /> to eliminate the interference within seventy-two (72) hours following Lessee's receipt of <br /> notification of such interference; provided, however, that if Lessor's notice specifies that <br /> the Pre-Existing Communications Equipment is operated by a government entity as part of <br /> a public safety communications system(s),then Lessee will use its best efforts to eliminate <br /> such interference within twenty-four(24)hours. If Lessee's interference with Pre-Existing <br /> Communication Equipment continues for more than seventy-two (72) hours, or twenty- <br /> four(24) hours in the case of public safety equipment, from receipt of notification of such <br /> interference, then Lessee agrees to power down (except for short tests necessary for the <br /> elimination of the interference) and/or relocate Lessee's Equipment which is creating the <br /> interference until the interference is eliminated. <br /> c. Following the Effective Date, Lessor agrees not to install or to permit others to install any <br /> structure or equipment on the Site or the Property which blocks or otherwise causes <br /> harmful interference with any transmission or reception by Lessee's Equipment. If any <br /> equipment, improvement or facility installed after the Effective Date by Lessor or others <br /> blocks or causes interference with Lessee's Equipment and if such interference is not <br /> remedied by Lessor or the third party within seventy-two (72) hours from Lessor's receipt <br /> of notice of such interference by Lessee, then Lessor will ensure that the interfering <br /> equipment of Lessor or the third party is powered down until the interference is corrected. <br /> 11. LEASE TAX: Possessory interest of Lessee in the property herein leased is subject to taxation <br /> under the laws of the State of Washington(Ch. 61, 1975-1976 Laws, 2d Ex. Sess., as amended) <br /> at the present rate of 12.84% on the Effective Date, or as may be amended by Washington <br /> State legislation, of the taxable rent to be paid to the Lessor monthly under the terms of this <br />
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