Dish Wireless LLC 5/29/2024 - Laserfiche WebLink

Dish Site: SESEA00125A CITY OF EVERETT DISH WIRELESS COMMUNICATIONS SITE LEASE THIS CITY OF EVERETT DISH WIRELESS COMMUNICATIONS SITE LEASE (this "Lease") made and effective as of the latter signature date below (the "Effective Date"), by and between the CITY OF EVERETT, a municipal corporation of the State of Washington, hereinafter referred to as "Lessor", and DISH Wireless L.L.C., a Colorado limited liability company, hereinafter referred to as "Lessee". Lessor and Lessee may be referred to herein individually as a"Party" or collectively as the "Parties". WITNESSETH: WHEREAS, the Lessor is the owner of real property located at 6107 Berkshire Drive, Everett, WA 98203, commonly known as `Reservoir No. 3', as more particularly described in Exhibit A,attached hereto and incorporated herein by this reference(the"Property"),upon which a tower structure ("Tower") that was constructed by a third party (the "Third Party") subject to a separate lease with Lessor for communications equipment is located on the Property(the"Site"); and WHEREAS, subject to a separate lease with Lessor, an additional third party (the "Additional Collocator") is collocated on the Tower and the Site for the purpose of providing communications services; and WHEREAS, the lease between Lessor and the Third Party requires that Lessee submit an application to the Third Party to provide notice of intent to collocate on the Tower and enter into a lease agreement with Lessor for such rights; and WHEREAS,the Lessee desires to lease space on the Site in accordance with the provisions contained herein. NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. PREMISES. Subject to the terms and conditions in this Lease, Lessor leases to Lessee that certain portion of the Property for the use of an 8' x 7' ground space for Lessee's equipment cabinet and base station equipment (the "Equipment Space") along with additional non- exclusive space for the installation,use,operation,addition,modification,repair,maintenance, and removal of wires, cables, conduits, pipes, and ice bridge (the "Cabling Space") located between and among the Tower, the Equipment Space, and the utility points of connection on the Property. The Equipment Space, and Cabling Space are more particularly described and depicted in Exhibit B, attached hereto and incorporated herein by this reference, and hereinafter collectively referred to as the"Premises".By its execution hereof,Lessor expressly consents to the attached Exhibit B and the Premises as depicted thereon. 2. TERM. This Lease shall be effective as of the Effective Date. The initial term of this Lease shall be for five(5)years commencing on the earlier of: (i)first(1st)day of the month following the commencement of Lessee's installation of its equipment or (ii) sixty (60) days after the Page 1 of 31 CWH 4.19.24