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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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• <br /> Dish Site: SESEA00125A <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 /> Lease. This tax is in addition to the Rent required under this Lease. Lessee agrees to pay, and <br /> the Lessor agrees to collect and pay to the State Department of Revenue the aforesaid leasehold <br /> excise tax in accordance with the statutes governing it. If Lessee qualifies for an exemption to <br /> the leasehold excise tax, Lessee will obtain and maintain an exemption certificate from the <br /> Washington Department of Revenue and provide it to Lessor upon request. <br /> 12. UTILITIES AND FEES. Lessee must provide for separately metered utility services at the <br /> Site. For avoidance of doubt, Lessee is not permitted to submeter electricity from Lessor at the <br /> Site. Lessee agrees to pay all charges for all utilities and services utilized by Lessee on the <br /> property during the term of this Lease. All other items, including all license fees and other <br /> governmental charges assessed on Lessee (except property taxes and assessments which will <br /> be handled pursuant to the provisions in previous Sections of this Lease) will be paid directly <br /> by Lessee. If Lessee fails to comply with its payment obligations in this Section, Lessor shall <br /> have the right, but not the obligation, to pay for charges assessed against the Lessee and bill <br /> Lessee, as additional Rent, with interest at the highest rate allowed by Applicable Law. <br /> 13. ASSIGNMENT AND SUBLETTING. <br /> a. GENERAL PROHIBITION-CONSENT REQUIRED. Lessee shall not,in whole or in part, <br /> assign or transfer this Lease or any interest or rights therein,nor delegate its duties under this <br /> Lease,nor sublease the whole or any part of the Premises,nor grant an option for assignment, <br /> delegation,transfer or sublease for the whole or any part of the Premises,nor shall this Lease <br /> or any interest thereunder, in whole or in part, be assignable, delegable or transferable by <br /> operation of law,or by any process or proceeding of any court or otherwise without obtaining <br /> the prior written consent of Lessor, which consent may not be unreasonably withheld, <br /> conditioned, or delayed. It shall not be unreasonable for the Lessor to condition its consent <br /> to an assignment, in whole or in part, on the proposed assignee or transferee providing <br /> Lessor with satisfactory proof of its legal, technical, and financial ability to perform all of <br /> the obligations contained herein. If Lessor gives its consent to any assignment,delegation, <br /> sublease or other transfer,this paragraph shall nevertheless continue in full force and effect, <br /> Page 7 of 31 <br />
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