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2021-186
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2021-186
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Last modified
12/16/2021 4:20:40 PM
Creation date
12/9/2021 12:00:48 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/09/2021
Control Number
2021-186
Agenda Item Number
8.F.
Entity Name
DISH Wireless L.L.C.
Subject
Site Lease Agreement
Memorandum of Site Lease Agreement
for placement of cellular equipment
Area
3901 26th Street (Dodgertown / Jackie Robinson TC)
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the installation of any equipment necessary to provide utility or fiber service. If the existing utility or fiber sources <br />located within the Premises or on the Property are insufficient for Tenant's Permitted Use, Landlord agrees to <br />grant Tenant and/or the applicable third party utility or fiber provider the right, at Tenant's sole cost and expense, <br />to install such utilities or fiber on, over and/or under the Property as is necessary for Tenant's Permitted Use; <br />provided that Landlord and Tenant shall mutually agree on the location and the timing of such installation(s). <br />2.2 Term. This Agreement shall be effective as of the Effective Date. The initial term of this Agreement <br />(the "Initial Term") will commence on the first (15Y) day of the month following the commencement of Tenant's <br />Installation (the "Commencement Date"), and will expire on the last day of the month that is sixty (60) months <br />after the Commencement Date unless terminated sooner, renewed or extended in accordance with this <br />Agreement. The Initial Term shall automatically renew for up tofour (4) additional termsof sixty (60) months each <br />(each, a "RenewalTerm" and togetherwiththe Initial Term, the "Term"). However, Tenant may, in Tenant's sole <br />and absolute discretion, elect not to renew the lease at the end of the then -current Term by giving Landlord <br />written Notice at least ninety (90) days prior to the end of the then -current Term. The Parties agree that, subject <br />tothe Contingencies, this Agreement constitutesa binding and valid obligation on each Partyand thateach Party <br />has vested rights in this Agreement as of the Effective Date. <br />2.3 Rent. Beginning on the Commencement Date and continuing through the term of this Agreement, <br />Tenant shall pay Landlord rent for the Premises ("Rent") in the amount of one thousand seven hundred fifty and <br />00/100 Dollars ($1,750.00) per month. The first Rent payment shall be made within twenty(20) business days of <br />the Commencement Date, with subsequent rent payable by the fifth day of each month. On each anniversary of <br />the Commencement Date, the Rent shall be automatically increased by two and a half percent (2.5%) of the then - <br />current Rent. Payments shall be delivered to the address designated by Landlord in Section 12.11, or by electronic <br />payment. <br />All payments for any fractional month shall be prorated based upon the number of days during such <br />month that the payment obligation was in force ("Payment Terms"). Tenant shall require receipt of a validly <br />completed IRS approved W-9 form (or its equivalent) prior to paying any Rent or any other amount(s) due under <br />this Agreement. <br />2.4 Contingencies. The Parties acknowledge and agree that Tenant's ability to lawfully use the <br />Premises is contingent upon Tenant obtaining all certificates, permits, approvals and other authorizations that <br />may be required by any Governmental Authority in accordance with Applicable Law (collectively, the <br />"Governmental Approvals"). Tenantwill endeavor to obtain all such Governmental Approvals promptly. Landlord <br />hereby authorizes Tenant, at Tenant's sole cost and expense, to file and submit for Governmental Approvals. <br />Landlord shall: (a) cooperate with Tenant in Tenant'seffortsto obtain such Governmental Approvals; (b) promptly <br />execute and deliver all documents necessary to obtain and maintain the Government Approvals; and (c) not take <br />any action that would adversely affect Tenant's ability toobtain and/or maintain the Governmental Approvals. If: <br />(i) any application for Governmental Approvals is rejected, conditioned, materially delayed or otherwise not <br />approved for any or no reason; or (ii) Tenant determines, in Tenant's sole and absolute discretion, that such <br />Governmental Approvals cannot be obtained in a timely and commercially reasonable manner (clauses (i) and (ii) <br />collectively, the "Contingencies"), then, Tenant shall have the right in its sole and absolute discretion toterminate <br />this Agreement immediately upon Notice to Landlord, without penalty or further obligation to Landlord (or <br />Landlord's affiliates, employees, officers, agentsor lenders). If, following the Commencement Date, and through <br />no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is otherwise <br />withdrawn or terminated by the applicable Governmental Authority, then Tenant shall have the right in its sole <br />and absolute discretion to terminate this Agreement upon ninety (90) days' Notice to Landlord without penalty <br />or further obligation to Landlord (or Landlord's affiliates, employees, officers, agents or lenders). Ifthis Agreement <br />is terminated, thisAgreement shall be of no further force or effect (except as set forth to the contrary herein). <br />Site Number: MIMIA00558A Lease Version: 1.0 <br />Market: MIAMI AINI . <br />
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