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New Cingular Wireless PCS LLC 7/31/2018
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New Cingular Wireless PCS LLC 7/31/2018
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Last modified
8/2/2018 10:32:32 AM
Creation date
8/2/2018 10:32:18 AM
Metadata
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Contracts
Contractor's Name
New Cingular Wireless PCS LLC
Approval Date
7/31/2018
Council Approval Date
7/25/2018
End Date
8/31/2028
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Use of City Facilities for Small Cell Sites
Tracking Number
0001347
Total Compensation
$5,000.00
Contract Type
Agreement
Contract Subtype
Use of Property
Retention Period
6 Years Then Destroy
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ten percent(10%)of one month's Rent for all Site License Addendums for which <br /> payment was not received. Where a check is returned to the City by a bank or other <br /> financial institution with the indication that the check cannot be honored,there shall <br /> be a fee assessed to Company based on the current statutory maximum allowed. City <br /> and Company agree that such charges represent a fair and reasonable estimate of the <br /> costs incurred by City by reason of late payments and uncollectible checks, and the <br /> failure by Company to pay any such charges by no later than thirty(30)days after <br /> Company's receipt of written demand therefore by City shall be a default under this <br /> Agreement. City's acceptance of less than the full amount of any payment due from <br /> Company shall not be deemed an accord and satisfaction, waiver, or compromise of <br /> such payment unless specifically agreed to in writing by City. <br /> 6.10. City hereby agrees to provide to Company certain documentation(the"Rental <br /> Documentation")evidencing City's interest in, and right to receive payments under, <br /> this Agreement, including a complete and fully executed Internal Revenue Service <br /> Form W-9, or equivalent,for any party to whom rental payments are to be made <br /> pursuant to this Agreement. From time to time during the Term of this Agreement <br /> and within thirty(30)days of a written request from Company, City agrees to provide <br /> updated Rental Documentation in a form reasonably acceptable to Company. <br /> 7. Taxes,Assessments & Utilities <br /> 7.1. In addition to the Rent, Company shall pay annually in advance to the City the then <br /> current, applicable leasehold excise tax, unless the Company is centrally assessed by <br /> the State of Washington and provides documentation, that is acceptable to the City, of <br /> its central assessment, which evidence shall then be attached to this Agreement as <br /> Exhibit D. If Company is centrally assessed by the State of Washington and <br /> Company provides satisfactory evidence of its central assessment to City, then for <br /> any and all periods that Company reports the property as operating property, as <br /> defined in RCW 84.12.200, Company will not be required to pay leasehold excise tax <br /> to City. Should the City collect from Company and pay to the Department of <br /> Revenue leasehold excise tax which is subsequently determined to be a duplicate <br /> payment or over-payment of tax by Company, Company shall not have any claim <br /> against the City, but shall look directly to the Department of Revenue for <br /> reimbursement. <br /> 8. Permits <br /> 8.1. Prior to performing any construction, maintenance or repair work on the City Poles, <br /> the Company shall secure all necessary federal(including any FCC or FAA <br /> requirements), state and local(including land use/zoning approvals and construction <br /> and right-of-way permits)permits and approvals(collectively referred to hereinafter <br /> as"Government Approvals") at its sole expense. The City hereby authorizes <br /> Company to make any and all applications and/or submissions necessary to obtain all <br /> Government Approvals from all applicable governmental and/or regulatory entities <br /> required for construction,maintenance, or operation of the Site Equipment on the <br /> City Poles. Notwithstanding the above, the City has certain obligations and <br /> procedures as a municipality, including but not limited to permitting procedures, <br /> zoning requirements and Council approval requirements, and this provision will in no <br /> New Cingular Wireless PCS,LLC 7 <br />
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