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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
Fields
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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Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until <br />Tenant's Equipment is removed from the Premises. Tenant shall have the right to access the Premises or remove <br />a ny or all of Tenant's Equipment from the Premises at anytime during the Term or the Equipment Removal Period. <br />7.2 Hold Over. If Tenant occupies the Premises beyond the Equipment Removal Period without <br />Landlord's written consent ("Hold Over"), Tenant will be deemed to occupy the Premises on a month-to-month <br />basis, terminable by either Party on thirty (30) days' written Notice to the other Party. All of the terms and <br />provisions of this Agreement shall be applicable during that period, except that Tenant shall pay Landlord a rental <br />fee equal to one hundred fifty percent (150%) of the then current monthly Rent applicable at the expiration or <br />termination of the Agreement, proratedforthe number of days of such hold over. <br />8. Default, Remedies and Termination. <br />8.1 Default. If any of the following events occur during the Term (each a "Default"), then the non - <br />Defaulting Party mayelect one or more of the remedies set forth below in this Section 8 or seek anyother remedy <br />available: (a) Tena nt's fa ilure to make any payment required by this Agreement within thirty (30) days after receipt <br />of written Notice from the Landlord of such failure to pay; (b) failure by either Partyto observe or perform any <br />provision of this Agreement where such failure: (1) continues for a period of thirty (30) days after written Notice <br />thereof from the non -Defaulting Partyand the Defaulting Partyhas failed to cure or commenced the cure of such <br />Default; and/or (2) based upon Tenant's reasonable determination, materially affectsTenant'sability to transmit <br />or receive wireless communications signals to or from the Premises; (c) either Partyfiles a petition in bankruptcy <br />or insolvency or for reorganization or arrangement underthe bankruptcy laws or under any insolvency act of any <br />state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an <br />assignment for the benefit of creditors; and/or (d) involuntary proceedings under any such bankruptcy law or <br />insolvency act or for the dissolution of either Party are instituted against either Party, or a receiver or trustee is <br />appointed for all or substantially all of the property of either Party, and such proceeding is not dismissed, or such <br />receivership or trusteeship vacated within sixty (60) days aftersuch institution or appointment. <br />8.2 Remedies. Upon the occurrence of anyuncured Default, the non -Defaulting Party maythereafter <br />terminate this Agreement immediately upon written Notice to the other Party without prejudice to any other <br />remedies the non -Defaulting Party may have at law or in equity. <br />8.3 Termination. Tenant shall have the right to terminate this Agreement without further liability <br />upon one hundred eighty (180) days prior written Notice to Landlord due to any one or more of the following: (i) <br />changes in Applicable Law which prohibit or adversely affect Tenant's ability to operate Tenant's Equipment at <br />the Premises; (ii) Tenant, in its sole discretion, determines that Tenant's Permitted Use of the Premises is obsolete <br />or unnecessary; (iii) Landlord or a third party installs any structure, equipment, or other item which blocks, <br />hinders, limits, or prevents Tenant from being able to use the Tenant Equipment for Tenant's Permitted Use. <br />9. Limitation of Liability and Indemnification. <br />9.1 Limitation of Liability. EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH <br />BELOW IN THIS SECTION 9, NEITHER PARTY NOR ANY OF ITS AGENTS, CONTRACTORS OR EMPLOYEES, SHALL BE <br />LIABLE TOTHE OTHER PARTY OR ANY PERSON CLAIMING THROUGH THAT PARTY FOR ANY EXEMPLARY, SPECIAL, <br />INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, <br />CLAIMS CAUSED BY OR RESULTING FROM THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF <br />THATPARTY, ITS AGENTS, CONTRACTORS OR EMPLOYEES. LANDLORD'S LIABILITY SHALL ONLY BETOTHE LIMITS <br />SETFORTH IN SECTION 768.28, FLORIDA STATUTES. <br />Site Number: MIMIA00558A Lease Version: 1.0 <br />Market: MIAMI nrN►r <br />
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