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3 <br /> CITY OF EVERETT <br /> .Nl` ., <br /> COMMUNICATIONS ANTENNA SITE <br /> LEASE <br /> THIS LEASE made this day of , 2003, by and between the CITY OF <br /> EVERETT, a municipal corporation of the State of Washington, hereinafter referred to as <br /> "Lessor", and CINGULAR INTERACTIVE, L.P., a Delaware limited partnership , <br /> hereinafter referred to as "Lessee", and Snohomish County Emergency Radio System, a <br /> Washington interlocal non-profit Corporation, hereinafter referred to as"Third Party". <br /> WITNESSETH: <br /> WHEREAS, the Lessor is the owner of property used for municipal and utility purposes <br /> that includes communications antenna sites, located at 3702 Tulalip Ave known as the Rucker <br /> Tower Site, as described in Exhibit"A", which shall hereinafter be referred to as the "Site"; and <br /> WHEREAS, the Lessee desires to lease space at the Site for its antennas and associated <br /> equipment in accordance with the provisions contained herein on a tower that was constructed by <br /> Third Party at the Site (hereinafter referred to as "Tower"); and <br /> WHEREAS, Third Party has a Radio System located on the Tower and Lessee and Third <br /> Party both agree to cooperate and take no action that would interfere with the other's use of said <br /> Tower; <br /> NOW, THEREFORE, the Parties hereto do mutually agree as follows: <br /> 1. SITE: Lessor does hereby lease to Lessee and Lessee hereby leases from Lessor, <br /> space for one (2) antennas, and 24 square feet in the equipment room in the building on the Site, <br /> as described in Exhibit "A" attached hereto and incorporated herein by reference. The exact <br /> determination of the location the equipment is to be located on the Tower and Site shall be <br /> agreed to between the Third Party, Lessor, and Lessee. <br /> 2. TERM: The Initial Term of this Lease shall be for five (5) years commencing on <br /> August 1, 2003, and ending on July 31, 2008, unless otherwise terminated as provided below. <br /> As provided in Section 5, Lessee is entitled to extend this Lease for two (2) five (5)year terms. <br /> 3. USE: The Lessee shall use the Site as follows: <br /> i. The Lessee shall install and service the antennas on the Tower and the Site to <br /> maintain the integrity and safety of the Tower and the Site as long as this Lease remains in force. <br /> Lessee has the right to nonexclusive use of the existing access located over, across and upon <br /> • 82 <br /> Page 1 of 30 <br />