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Dish Wireless LLC 5/29/2024
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Dish Wireless LLC 5/29/2024
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Last modified
6/7/2024 10:40:09 AM
Creation date
6/7/2024 10:39:23 AM
Metadata
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Contracts
Contractor's Name
Dish Wireless LLC
Approval Date
5/29/2024
Council Approval Date
5/22/2024
End Date
5/29/2029
Department
Real Property
Department Project Manager
Darcie Byrd
Subject / Project Title
Communications Site Lease 6107 Berkshire Drive
Tracking Number
0004384
Total Compensation
$193,048.80
Contract Type
Real Property
Contract Subtype
Leases
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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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 /> 24. CASUALTY. Each Party will use commercially reasonable efforts to provide written notice <br /> to the other Party of any material casualty affecting the Property or Premises as soon as <br /> reasonably practical given the circumstances after the Party becomes aware of the casualty. If <br /> the Property, Premises, the Site, or Lessee's Equipment is damaged or destroyed, in whole or <br /> in part, due to any casualty, Lessor will have no obligation to repair, rebuild or replace the <br /> damaged or destroyed Property, Premises, the Site, or Lessee's Equipment. If the Lessee's <br /> Equipment or Premises is damaged by any casualty that is not the fault of or attributable in <br /> Page 14 of 31 <br /> C NH 4.19.24 <br />
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