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Dish Wireless LLC 5/29/2024
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Dish Wireless LLC 5/29/2024
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Entry Properties
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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Dish Site: SESEA00125A <br /> whole or in part to Lessee, its employees, agents, servants, contractors, subcontractors, or <br /> invitees so as to render the entire Premises or any substantial portion thereof unusable in <br /> Lessee's reasonable determination, then Lessee may terminate this Lease by providing written <br /> notice to the Lessor, which termination will be effective as of the date of Lessor's receipt of <br /> such written notice and shall be treated as the natural expiration of this Lease, including the <br /> Lessee's duty to remove all of its personal property as required in Section 21 (Removal and <br /> Restoration) of this Lease. <br /> 25. RELOCATION. <br /> a. TEMPORARY RELOCATION. Following Lessee's receipt of a written notice from <br /> Lessor, Lessee agrees to temporarily relocate Lessee's Equipment to a mutually agreeable <br /> location on the Property (a "Temporary Location") to facilitate Lessor's performance of <br /> maintenance, repair or similar work at the Site, provided that Lessor gives Lessee at least <br /> one hundred eighty (180) days prior written notice except in the case of a bona fide <br /> emergency, which is reasonably likely to result in damage or injury to persons, Property, <br /> Premises, or to the Site, the Lessor will provide the greatest amount of notice possible <br /> under the circumstances (the "Notice Period"). Lessee agrees to temporarily relocate <br /> Lessee's Equipment within the Notice Period. Lessee shall be responsible for all costs <br /> associated with relocation of Lessee's Equipment to the Temporary Location and for the <br /> subsequent relocation to the Site. Lessee shall not be required to relocate Lessee's <br /> Equipment to a Temporary Location more than one(1)time within any five(5)year period. <br /> b. PERMANENT RELOCATION. Lessor shall have the one-time right to require Lessee to <br /> relocate Lessee's Equipment to another location on Lessor's Property (the "Relocation <br /> Premises")during Term of this Lease upon written notice not less than one hundred eighty <br /> (180) days prior to the requested date of relocation, with a map and description of the <br /> proposed Relocation Premises. All costs incurred by Lessee for relocating Lessee's <br /> Equipment to the Relocation Premises and improving the Relocation Premises so that it is <br /> fully compatible for the Lessee's use, in Lessee's reasonable determination (the <br /> "Relocation Costs"), shall be paid as follows: <br /> i. if the relocation occurs during the Initial Term, Lessor shall pay the Relocation <br /> Costs; <br /> ii. if the relocation occurs during the first Renewal Term, Lessor and Lessee shall <br /> split the Relocation Costs equally; or <br /> iii. if the relocation occurs at any time after the first Renewal Term, Lessee shall <br /> pay the Relocation Costs. <br /> c. TERMINATION. Notwithstanding anything to the contrary stated herein, if Lessor <br /> requires Lessee to relocate under Sections 25(a) or (b) and the Parties using good faith <br /> efforts to do so cannot mutually agree on the Temporary Location or Relocation Premises <br /> after Lessor's notice to Lessee, then either Party in its sole discretion may terminate this <br /> Lease upon twelve (12) months' prior written notice to the other Party, with such <br /> termination being treated as the natural expiration of this Lease with no available additional <br /> Page 15 of 31 <br /> CM/I—t 4.19.24 <br />
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