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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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in a lawful manner and in conformity with all statutes, ordinances, codes, orders, policies, <br /> regulations and implementing requirements and restrictions by applicable federal,state and <br /> local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any <br /> courts or administrative bodies or tribunals as adopted or as amended("Applicable Law"). <br /> Lessee shall label Lessee's Equipment in a manner that provides readily visible ownership <br /> identification. Any material change to the initial installation plans must be submitted for <br /> written approval by Lessor prior to the initial construction or installation work on the Site, <br /> such approval not to be unreasonably withheld,conditioned or delayed. However,Lessor's <br /> approval shall not constitute a warranty of such plans and/or contractors and subcontractors <br /> or the assumption of any liability for such plans and/or contractors and subcontractors by <br /> Lessor. Any structural enhancements to the Site required for Lessee's Equipment shall be <br /> at Lessee's sole risk and expense. Lessee shall provide all labor for the installation, use, <br /> operation,modification, repair, maintenance, and removal of Lessee's Equipment. Lessee <br /> shall label its telecommunication facility on the Tower and Lessee's Equipment within the <br /> Premises in a manner that provides readily visible ownership identification. <br /> b. MODIFICATION. After Lessee's initial installation, Lessee may add, replace or modify <br /> Lessee's Equipment within the Premises provided that such modifications do not increase <br /> the structural burden on the Site or involve excavation or other ground disturbance, do not <br /> expand the square footage of the Premises, nor substantially alter the aesthetic appearance <br /> of the Site ("Permitted Modification"). Lessee shall not incur any increase in the then- <br /> current Rent or other modifications of the terms and conditions set forth in this Lease in <br /> connection with any Permitted Modification. Lessee must provide prior written notice and <br /> a copy of the proposed construction plans and specification no less than thirty (30) days <br /> prior to commencing the Permitted Modifications. For any modification or addition that is <br /> not a Permitted Modification,Lessee shall obtain Lessor's approval of Lessee's installation <br /> plans and specifications prior to commencing any such addition or modification. <br /> c. GOVERNMENTAL APPROVALS. The Parties acknowledge and agree that Lessee's <br /> ability to lawfully use the Premises is contingent upon Lessee obtaining all certificates, <br /> permits, approvals and other authorizations that may be required by any Governmental <br /> Authority in accordance with Applicable Law (collectively, the "Governmental <br /> Approvals"). Lessee will endeavor to obtain all such Governmental Approvals promptly. <br /> Lessor hereby authorizes Lessee, at Lessee's sole cost and expense, to file and submit for <br /> Governmental Approvals. Lessor shall: (a) cooperate with Lessee in Lessee's efforts to <br /> obtain such Governmental Approvals; (b) promptly execute and deliver all documents <br /> necessary to obtain and maintain the Government Approvals; and (c) not take any action <br /> that would adversely affect Lessee's ability to obtain and/or maintain the Governmental <br /> Approvals. If, following the Effective Date: (i) any application for Governmental <br /> Approvals is rejected, conditioned, materially delayed or otherwise not approved for any <br /> or no reason; or (ii) Lessee determines, in Lessee's sole and absolute discretion, that such <br /> Governmental Approvals cannot be obtained in a timely and commercially reasonable <br /> manner(clauses (i) and(ii) collectively, the "Contingencies"), then, Lessee shall have the <br /> right in its sole and absolute discretion to terminate this Lease upon a thirty (30)-day prior <br /> written notice to Lessor, without penalty or further obligation to Lessor (or Lessor's <br /> affiliates, employees, officers, agents or lenders). If, following the Commencement Date, <br /> Page 4 of 31 <br /> CWh 4.19.24 <br />
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